Why Ed Sheeran Won: Not All Copying Constitutes Infringement

Ed Sheeran has recently emerged victorious in a recent copyright lawsuit brought by the estate of songwriter Ed Townsend, co-author of Marvin Gaye's hit song "Let's Get It On." The lawsuit alleged that Sheeran's hit song "Thinking Out Loud" copied key elements of the Gaye song, the harmonic progression and melodic and rhythmic elements that plaintiffs claimed constitute the "heart" of the song. The lawsuit resulted in a highly publicized trial in Manhattan federal court, which included testimony from Sheeran performing for the jury. On May 4, 2023, the court found in favor of Ed Sheeran, issuing a verdict that he did not commit copyright infringement. While the lay listener can clearly hear similarities between the two songs – and there's video online of Sheeran doing a medley of the two songs, which Gaye's attorney described as a "smoking gun" of copyright infringement – we'll briefly review why Ed Sheeran won the case and how the verdict affects musicians.