Ed Sheeran has successfully defended his hit "Thinking Out Loud" against a copyright appeal from Structured Asset Sales (SAS), which claimed the song copied elements of Marvin Gaye’s classic 1973 hit "Let’s Get It On." The U.S. Court of Appeals upheld a lower court’s dismissal of the case, solidifying Sheeran's legal victories over a series of copyright claims related to the track.

The Legal Battle and Appeal Outcome

This decision marks Sheeran’s second major legal win involving "Thinking Out Loud" and allegations that it infringed on "Let’s Get It On." U.S. District Judge Louis Stanton initially ruled in May 2023 that the case did not warrant a jury trial, citing the argument that the musical elements in question were fundamental to pop music. Stanton, who presided over both cases involving "Thinking Out Loud" and "Let’s Get It On," emphasized that the chord progressions and harmonic rhythm cited by the plaintiffs were "commonplace" elements, and therefore, not protectable under copyright law.

SAS, founded by investment banker David Pullman, continued with the appeal after the estate of Ed Townsend, co-writer of "Let’s Get It On," withdrew its lawsuit in September 2023. The appeal court’s decision echoes Judge Stanton’s reasoning, noting that to protect these musical elements would risk limiting creativity by placing a “monopoly over basic musical building blocks.”

Sheeran’s Argument on Musical ‘Building Blocks’

Sheeran’s defense argued that the chords and harmonic rhythm in both songs are essential and widely used in pop music, highlighting that "Let’s Get It On’s" chord progression was already present in dozens of songs before both Gaye’s and Sheeran’s tracks were released. The jury in the initial case agreed, dismissing the claim that such foundational musical elements could be monopolized by copyright.

Implications for the Music Industry

This case brings significant implications for the music industry and artists. With similar copyright cases emerging regularly, this ruling underscores the importance of distinguishing between protectable, unique elements and the "building blocks" of music that are universally used. If basic musical structures could be copyrighted, many genres might become creatively restricted, especially pop, which often relies on similar chord progressions and rhythmic patterns.

The Bigger Picture: Copyright in Music Today

As genres evolve and draw inspiration from past decades, this ruling signals a shift towards safeguarding artistic freedom in music creation. Protecting the fundamental structures of popular music could inhibit artists from building on the legacies of their predecessors. Cases like Sheeran’s may set a precedent, helping the industry focus on originality while allowing artists to use common musical foundations without fear of litigation.

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