Will Ed Sheeran Face Court Trial Over Thinking Out Loud Copyright Issue?

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The U.S. Supreme Court has decided not to hear a long-standing copyright lawsuit against Ed Sheeran, effectively closing the door on claims that his 2014 hit Thinking Out Loud plagiarized Marvin Gaye’s iconic track Let’s Get It On. The case, brought forth by Structured Asset Sales—a company owned by banker David Pullman that holds a partial stake in the rights to Gaye’s song—accused Sheeran, along with Warner Music and Sony Music Publishing, of copyright infringement and sought monetary compensation for the alleged similarities.

This legal battle has been one of several attempts to challenge Sheeran over the song’s composition, though the courts have consistently sided in his favor. A lower court dismissed the case last year, stating that the musical components in question—specifically the chord progressions and rhythm patterns—were too generic and widely used in music to warrant copyright protection. The judge emphasized that such elements are fundamental to the craft of songwriting and belong in the public domain, likening them to basic tools or a common color palette that no single creator can claim exclusive rights to.

In a separate but closely related lawsuit filed by the heirs of Ed Townsend, Marvin Gaye’s co-writer, Sheeran again emerged victorious. The presiding judge in that case delivered a decisive opinion, underscoring the lack of substantial similarity between the songs’ lyrics, melodies, and harmonic structures. The court highlighted that while both songs employ four-chord progressions, these musical sequences are common and essential tools used by countless artists globally.

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The conclusion of this legal saga reinforces the legal standard that while copyright law protects unique and original expression, it does not grant ownership over the basic building blocks of music. This ruling stands in contrast to the 2015 decision against Robin Thicke and Pharrell Williams, who were ordered to pay $5 million in damages after Blurred Lines was found to have copied the “feel” of Marvin Gaye’s Got to Give It Up. That judgment had sparked concern among musicians and industry professionals, warning that it set a dangerous precedent for subjective comparisons in copyright cases.

With the Supreme Court refusing to revive the case against Sheeran, the matter is now definitively settled, signaling a strong reaffirmation of creative freedom for artists who draw from shared musical traditions.