Ed Sheeran has won a significant appeal in the copyright lawsuit over his song "Thinking Out Loud" and its alleged similarity to Marvin Gaye's "Let's Get It On."

The United States Court of Appeals for the Second Circuit upheld the district court's dismissal of the lawsuit filed by Structured Asset Sales (SAS), which owns partial royalties to Gaye's song. The court's key findings include:

• The Copyright Act of 1909 only protects the musical composition as defined in the 1973 sheet music, not elements solely in the audio recording
• The combination of a four-chord progression and syncopated harmonic rhythm is too common to warrant copyright protection
• The songs have entirely different melodies and lyrics, making them not substantially similar

This ruling follows Sheeran's previous victory in a related case brought by Ed Townsend's descendants, who co-wrote "Let's Get It On." In both cases, the courts emphasized that basic musical elements like notes, rhythms, and chords are not copyrightable on their own.

The decision sets an important precedent for music copyright cases, clarifying the scope of protection for musical compositions and the distinction between sheet music and recorded elements.

Related Articles

Previous Articles