According to allegations that he plagiarized Marvin Gaye’s 1973 smash song “Let’s Get It On” for his 2014 hit song “Thinking Out Loud,” British singer and songwriter Ed Sheeran will go on trial in the US.
Sheeran’s request to have the copyright infringement lawsuit dismissed was denied by U.S. District Judge Louis Stanton in Manhattan, who said that a jury should determine whether the two songs are significantly similar.
The action comes after Sheeran, 31, and his co-writers won their UK High Court copyright trial
for the hit “Shape of You” in March and were granted more than £900,000 in legal costs in June.
Judge Stanton ruled on Thursday that Sheeran must now stand trial in the US
due to allegations that Thinking Out Loud is a cover of Gaye’s Let’s Get It On.
The copyright infringement lawsuit was first filed in 2018 by Structured Asset Sales LLC,
which is the owner of a portion of “Let’s Get It On” co-writer Ed Townsend’s estate, not by Marvin Gaye’s family.
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The Gaye song was allegedly “copied and exploited, without authorization or credit” by Sheeran and his co-writer Amy Wadge,
including but not limited to the melody, rhythms, harmonies, drums, bass line, backing chorus, tempo, syncopation, and looping.
Structured Asset Sales (SAS) is requesting $100 million in damages.
“Let’s Get It On” was co-written by Gaye and American singer-songwriter Edward Townsend, who passed away in 2003.
The song was released in June 1973, and in September of that same year, it reached No. 1. After a fight on 1 April 1984, the night before his 45th birthday, Gaye was shot and killed by his father Marvin Gay Senior – whose last name is spelled differently – at their home in Hancock Park, Los Angeles.
Judge Stanton ruled on Thursday, September 29, that a jury must determine if the two songs are significantly similar because musical experts on both sides of the argument disagree on whether Sheeran’s song imitates “Let’s Get It On.”
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