The heirs of Ed Townsend, Gaye’s co-writer of the 1973 soul classic, sued Sheeran, alleging the English pop star’s hit 2014 tune has “striking similarities” to “Let’s Get It On” and “overt common elements” that violate their copyright.
Sheeran’s attorneys have said the songs’ undeniable structural symmetry points only to the foundations of popular music. They sought to play a potentially damning YouTube video of one such Sheeran performance for the jury at trial. Stanton denied their motion to include it, but said he would reconsider it after he sees other evidence that’s presented.
Sheeran’s label Atlantic Records and Sony/ATV Music Publishing are also named as defendants in the “Thinking Out Loud” lawsuit. Generally, plaintiffs in copyright lawsuits cast a wide net in naming defendants, though a judge can eliminate any names deemed inappropriate. In this case, however, Sheeran’s co-writer on the song, Amy Wadge, was never named.
Major artists are often hit with lawsuits alleging song-stealing, but nearly all settle before trial — as Taylor Swift recently did over “Shake it Off,” ending a lawsuit that lasted years longer and came closer to trial than most other cases.
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