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Daily Mirror
Daily Mirror
Entertainment
Zoe Delaney

Ed Sheeran beats second lawsuit after being accused of copying Marvin Gaye hit

Ed Sheeran has beaten a second copyright law suit just weeks after a jury ruled in his favour in New York over a case involving one of his biggest songs and Marvin Gaye's Let's Get It On.

The Shape of You singer, 32, issued a passionate statement following his original victory earlier this month, declaring how he will "never be a piggy bank" for people to shake and reflecting on the fact he had to miss his grandmother's funeral due to the trial.

Heirs of Gaye's co-writer Ed Townsend brought the case after feeling Ed's hit song Thinking Out Loud shared similarities to 1973 track Let's Get It On. They failed to convince jurors Ed copied elements of Gaye's track when penning his own hit and a verdict ruled in Ed's favour on May 4.

On Tuesday May 16, Ed beat a second copyright lawsuit in federal court in Manhattan regarding the two songs, with District Judge Louis Stanton dismissing the case brought by Structured Asset Sales LLC (SAS).

The judge ruled that the parts of Gaye's track Ed was accused of copying were too common for copyright protection. He found that the combination of chord progression and harmonic rhythm in Gaye's song was a 'basic musical building block', meaning it doesn't warrant copyright protection.

Ed Sheeran will 'not be a piggy bank to shake' (Getty Images for Disney+)

According to the MailOnline, Ed's attorney Ilene Farkas branded the decision "an important victory not only for Ed" and collaborator Amy Wadge, "but for all songwriters and consumers of music."

Structured Asset Sales LLC (SAS) have reportedly filed another lawsuit against Ed based on its rights to Gaye's recording, which is thought to be still pending.

Speaking after winning the jury trial on May 4, a happy Ed thanked his co-writer Amy Wadge and criticised those who tried to "manipulate" a jury into siding against them and slammed those who thought they could "shake him like a piggy bank".

His statement read: "I'm obviously very happy with the outcome of the case. It looks like I’m not having to retire from my day job after all. At the same time, I’m unbelievably frustrated that baseless claims like this are allowed to go to court at all.

"We’ve spent the last eight years talking about two songs with dramatically different lyrics, melodies and four chords, which are also different and are used by songwriters every day, all over the world. These chords are common building blocks, which were used to create music long before ‘Let’s Get It On’ was written and will be used to make music long after we are all gone.

The singer issued a lengthy statement after his win (Getty Images)

"They are in a songwriter’s alphabet, our toolkit, and should be there for all of us to use. No one owns them or the way they’re played in the same way no one owns the colour blue. Unfortunately, unfounded claims like this are being fuelled by individuals who are offered as music experts in musical analysis.

"In this instance, the other side’s musicologist left out words and notes; presented different and simple pictures as melodies and by doing so, created what I think we proved for all to see were misleading comparisons and disinformation to find supposed similarities where none exist, and I think we proved for all to see that they tried to manipulate my and Amy’s song to try and convince the jury that they had a genuine claim.

"I’m very grateful that the jury saw through those attempts. This seems so dangerous to me: both potential claimants who may be convinced to bring a bogus claim as well as those songwriters facing them. It’s simply wrong. By stopping this practice, we can also properly support genuine music copyright claims so legitimate claims are rightly heard and resolved. If the jury had decided this matter the other way, we might as well say goodbye to the creative freedom of songwriters.

"We need to be able to write our original music and engage in independent creation without worrying at every step of the way that such creativity will be wrongly called into question. Like artists everywhere, Amy and I work hard to independently create songs, which are often based around real-life, personal experience. It’s devastating to be accused of stealing someone else’s song when we’ve put so much work into our livelihoods.

Ed paid tribute to his songwriting partner (AFP via Getty Images)

"I’m just a guy with a guitar who loves writing music for people to enjoy. I am not and will never allow myself to be a piggy bank for someone to shake. Having to be in New York for this trial has meant that I’ve missed being with my family at my grandmother’s funeral in Ireland and I will never get that time back. These trials take a significant toll on everyone involved, including Katherine.

"I want to thank the jury for making the decision that will help protect the creative process of songwriters here in the United States and all around the world. I also want to thank my team who have supported me throughout this difficult process and to all the songwriters, musicians and fans who’ve reached out with messages of support over the last few weeks. Finally, I would like to thank Amy. Neither of us expected that nine years ago from our wonderful writing session we would have to be here defending our integrity.

"Amy, I feel so lucky to have you in my life. Thank you. We need songwriters and the wider community to come together and bring back common sense. These claims need to be stopped so the creative process can carry on and we can all go back to making music. At the same time, we absolutely need trusted individuals, real experts who help support the process of protecting copyright. Thank you."

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