Ed Sheeran Wins Court Ruling in 'Thinking Out Loud' Copyright Appeal: Report

A Federal Appeals Court Decision
A federal appeals court has determined that Ed Sheeran did not violate the copyright of Marvin Gaye's iconic 1973 song "Let’s Get It On" with his 2014 track "Thinking Out Loud." This decision, announced on Friday, November 1, was initially reported by Reuters. As noted by Billboard, the U.S. Court of Appeals for the Second Circuit reached this conclusion more than ten years after Sheeran's hit was released, stating that the two songs only share “fundamental musical building blocks” that cannot be claimed by any single songwriter.

Dismissal of Lawsuit
The court dismissed a copyright infringement lawsuit brought by Structured Asset Sales, a company that holds a minor interest in the rights to Gaye’s classic. The lawsuit claimed that Sheeran, 33, had copied a chord progression and rhythm from Gaye’s song. However, the appeals court argued that the case was essentially trying to establish “a monopoly over a combination of two fundamental musical building blocks.” The judges noted, “The four-chord progression in question—common in pop music—even when combined with a syncopated harmonic rhythm, is too widely used to satisfy the originality requirement of copyright law.” They emphasized that overly protecting such basic elements could hinder creativity and contradict the intent of copyright law. According to Billboard, the appeals court also found that Sheeran and Gaye’s songs were not similar enough to constitute copyright infringement: "Neither the melody nor the lyrics of ‘Thinking Out Loud’ resemble those in ‘Let’s Get It On.’ There are clear and significant differences between the two."

Previous Lawsuits and Outcomes
Since the release of "Thinking Out Loud" in 2014, Ed Sheeran has encountered multiple lawsuits regarding the song, which he co-wrote with Amy Wadge. The first lawsuit came in 2017 from the heirs of the late songwriter Ed Townsend, who penned the soul classic later recorded by Marvin Gaye. Kathryn Griffin Townsend, his daughter and the only surviving direct heir, was the lead plaintiff in the civil trial. That case concluded in May 2023, with Sheeran being cleared of any wrongdoing. "I feel like the truth was heard and believed," the "Shape of You" the artist said after the verdict. "It's nice that we can both move on with our lives now — it's unfortunate that it had to escalate to this point."

Ongoing Legal Challenges
While the ruling on the lawsuit from Friday, Nov. 1 has been resolved, Sheeran is now facing another lawsuit from SAS, which claims copyright infringement related to the sound recording of “Let’s Get It On,” rather than the written music. However, this case was paused while the previous lawsuit was being resolved. In a statement to Billboard, SAS owner Pullman criticized the court for evaluating “two songs out of over 60 million registered songs” to reach its conclusion. Sheeran's attorney, Donald Zakarin, expressed that he and his clients were “gratified” by the court’s ruling. “This decision aligns with the jury’s dismissal of any infringement claims in the [earlier] case, confirming that Ed and Amy independently created ‘Thinking Out Loud,’” he stated.