Ed Sheeran Triumphs in 'Thinking Out Loud' Copyright Battle!

In a plot twist worthy of a rom-com, Ed Sheeran has emerged victorious in a copyright saga that could rival a Hollywood script. Yes, you heard that right: the man behind the hit "Thinking Out Loud" has managed to dodge the looming shadow of Marvin Gaye’s soulful classic, "Let’s Get It On." On November 1st, a U.S. appeals court decided to exfoliate away the claims made by Structured Asset Sales, siding with Sheeran and reaffirming a lower court's earlier dismissal of what turned out to be a rather misguided lawsuit.

Picture this: Sheeran, an artist who has already faced a chorus of copyright infringement cases over the years, steps back into the ring. In the past few years, he was accused—twice!—of pilfering elements from Gaye’s 1973 sensual anthem. But wait, there’s more! In May 2023, the honorable (and apparently very patient) Judge Louis Stanton had already washed his hands of the case brought by Structured Asset Sales LLC, changing his mind about a previous ruling that insisted the issue deserved its day in court.

You might remember Judge Stanton; he’s like the wise old owl of the courtroom, especially when it comes to Sheeran’s musical affairs. In a separate case, he had presided over a jury verdict that ruled in favor of Sheeran against the estate of Ed Townsend, the co-writer of "Let’s Get It On." The same Townsend estate had kicked off all this legal jazz in the first place, essentially sending a $100 million lawsuit in Sheeran's direction like a well-aimed paper airplane.

But who exactly is Structured Asset Sales, you might ask? Well, they’re helmed by David Pullman, the mastermind behind “Bowie bonds,” which were cleverly concocted instruments that leveraged David Bowie’s music royalties for financial backing. Talk about turning music into money! Pullman and SAS claimed a share of Townsend’s songwriting interest in Gaye’s classic, which would make any music aficionado’s head spin.

During the hearings, Sheeran’s legal team played it cool, arguing that the so-called stolen elements—namely the chord progression and harmonic rhythm—were about as unique as your average pop song. The jury was apparently on the same page, siding with Sheeran and setting the stage for Judge Stanton’s decisive dismissal of SAS's claims. Just indulge me for a moment as I quote Stanton: “It is an unassailable reality that the chord progression and harmonic rhythm in 'Let’s Get It On' are so commonplace… that to protect their combination would give 'Let’s Get It On' an impermissible monopoly over a basic musical building block.”

To add a cherry on top, the judge noted that Gaye's chord progression had already made cameo appearances in at least 29 other songs before it even strutted into "Let’s Get It On," and another 23 before Sheeran would clap his hands to release "Thinking Out Loud." It's like realizing your favorite outfit wasn't as unique as you once thought—awkward, yet enlightening.

So here we are, with the appeals court lending a supportive nod to Sheeran, asserting that protecting such elements could indeed stifle creativity. I mean, can you imagine a world where everyone is afraid to use a basic chord structure? Yikes! As this courtroom drama comes to a close, it's hard not to embrace the irony; in a landscape filled with musical inspirations, Sheeran walks away unscathed, leaving the legal theatrics behind him as he pens his next chart-topping hit.