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ARTICLE · 07 JANUARY 2025

Ed Sheeran's Win Upheld In The Second Circuit: Why "Thinking Out Loud" Doesn't Infringe On "Let's Get It On"

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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d Sheeran, who famously brought his guitar into court and performed live renditions of "Thinking Out Loud" to illustrate his creative process, has scored another legal victory in ongoing litigation...

United StatesIntellectual Property

Ed Sheeran, who famously brought his guitar into court and performed live renditions of "Thinking Out Loud" to illustrate his creative process, has scored another legal victory in ongoing litigation concerning claims that his hit song infringes upon Marvin Gaye's 1973 classic, "Let's Get It On." In a memorable moment from the trial, Sheeran's live performances aimed to demonstrate to the jury the original aspects of his songwriting, arguing that the similarities cited were coincidental and rooted in basic musical building blocks. Now, the Second Circuit has upheld a lower court's decision, rejecting allegations by Structured Asset Sales (SAS) that "Thinking Out Loud" unlawfully copied elements from Gaye's song. With this appellate decision, the court provided further clarity on why certain musical elements remain unprotectable under copyright law.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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