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Ed Sheeran Triumphs in Copyright Showdown Against Marvin Gaye over 'Thinking Out Loud'

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In a delightful twist of fate, an appeals court has gracefully ruled that Ed Sheeran, the beloved pop troubadour, did not infringe on the copyright of Marvin Gaye’s sultry classic, “Let’s Get It On.” Yes, you heard it right! On November 1, the US Court of Appeals for the Second Circuit made it clear: Sheeran's 2014 anthem does not step on the toes of Gaye's iconic track. They concluded that both songs merely share what you might call the “fundamental musical building blocks.” Quite an elegant way to put it!

It all began back in 2018, when a case was filed by Structured Asset Sales, the proud partial owners of the copyright for Ed Townsend, Gaye’s co-writer on the aforementioned classic. The claim was that Sheeran, in his whimsical creation of “Thinking Out Loud,” had pilfered a chord progression and a rhythm from that evergreen 1973 hit. However, the appeals court was having none of it. They pointed out that the lawsuit tried to carve out a “monopoly over a combination of two fundamental musical building blocks.” Can you imagine trying to own the recipe for the universe’s most basic ingredients?

Even more audaciously, the panel of judges quipped that the “four-chord progression at issue—ubiquitous in pop music—is too well-explored to meet the originality threshold that copyright law demands.” Now, isn’t that just the kind of humor that makes you chuckle? They went on to proclaim that “overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law.” A rather profound observation, don’t you think?

Sheeran’s attorney, the ever-so-chivalrous Donald Zakarian, expressed a sense of relief, stating that they are “gratified” by the Second Circuit’s support of Judge Stanton’s previous findings. He uttered the words that Sheeran and his co-writer, Amy Wadge, did not infringe on Gaye’s groove, emphasizing that the duo “independently created ‘Thinking Out Loud.’” One can almost see Sheeran doing a little victory dance in his living room.

This verdict comes on the heels of another court ruling from a year prior, where Sheeran was thankfully exonerated from any foul play regarding the song after facing a lawsuit from Ed Townsend’s estate. Picture it: a young man passionately declaring in Manhattan’s court that he would be “done” with music if found guilty. A serious profession of love, I suppose!

Sheeran later expressed his satisfaction with the outcome, but couldn’t help but voice his “unbelievably frustrated” sentiment over the fact that frivolous claims like these should even set foot in a courtroom. “It’s simply wrong,” he declared, advocating for a world where genuine music copyright claims can shine while bogus ones are left to wither away in the dark.

And by the way, in the world of whimsical happenings, Kneecap, the fascinating band, recently had a joyous encounter with Sheeran, introducing him to Buckfast and Beamish—now that’s a cultural exchange worth documenting! Not to forget, a sculptor out there recently outdid themselves by crafting a Lego version of our beloved drunken bard. Because, really, who wouldn’t want to cuddle with a mini Sheeran made of plastic bricks?

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