This week, pop superstar Ed Sheeran faces music in a New York City courtroom, already one of the biggest musical copyright lawsuits in years. While the trial has already proven to be a popcorn-worthy spectacle, with a medical emergency and the exciting words of Sheeran himself, we must ask: Should this trial ever be held?
Sheeran has been accused of copying Marvin Gaye’s iconic baby-made anthem “Let’s Get It On” for his 2014 Grammy Award-winning hit “Thinking Out Loud.” The lawsuit, originally filed in 2017, was filed by the heirs of Ed Townsend, who co-wrote the song with Gaye. Their argument is that the “heart” or core of the 1973 Motown hit was copied by Sheeran.
There are superficial parallels when you listen to two songs back-to-back, but what? especially It’s very important to understand that Sheeran was accused of copying. While the two songs are similar in terms of mood, the judges in the case only need to evaluate the melodies, harmonies, and rhythms that make up “Let’s Get It On,” as documented in the sheet music filed in the United States Patent. and the Trademark Office to see if “Thinking Aloud” copies them.
Still, some of the language used so far during the trial made it seem like Sheeran was indeed being prosecuted and potentially punishable for “vibration theft.”
“‘Let’s Get It On’ is a song that evokes love and intimacy,” said Ben Crump, attorney representing Townsends, in his keynote speech on Tuesday. “The evidence in this case will show that forty years later in 2014, defendant Ed Sheeran noticed the ‘Let’s Get It On’ spell and decided to capture a piece of it without permission.”
To describe Sheeran’s alleged crime as capturing “some of that magic” is a surprisingly non-specific statement, as if musicians weren’t constantly inspired by their past or present peers and weren’t making the same kind of love. songs for decades. What exactly is stealing “magic”? And how can you prove it? It beats me, but apparently a jury of 12 New Yorkers will be able to say it.
Crump later described what he called a “smoking gun”: a 2014 concert in which Sheeran performed the two songs as part of a shuffle, and the lawyer said “proves how much the defendant’s song is like ‘Let’s Get It On’.” The melody hasn’t changed, the chord sequence hasn’t changed, the harmony hasn’t changed, and the harmonic compositions haven’t changed at all.”
While this is at least technically more specific joy without blinking or suing anyone, he made entire episodes featuring mashups of sonically and thematically similar songs.
Sheeran, on the other hand, has defended himself decisively in the years leading up to the trial, and even took the stand this week. “If I had done what you accused me of doing, I would have been a complete idiot to stand on a stage in front of 20,000 people and do it,” Crump said on Tuesday. They robbed Gaye.
“Most pop songs can fit on top of most pop songs,” Sheeran added. “You can switch from ‘Let It Be’ to ‘No Women, No Crying’ and come back.”
He is right; There are so many chords a musician or songwriter can use when making music. Even so, he might have a hard time convincing the jury otherwise, given the dangerous precedent set by the infamous “Blurred Lines” case in 2015. That year, a judge decided that Robin Thicke and Pharrell’s 2013 success was too similar to Gaye’s “Got to Give It Up” and awarded the Gaye family $7.3 million. The landmark decision, which even Stevie Wonder objected to, proved that the lines in pop music do indeed blur, and that even a simple reference can constitute theft and cost you millions.
Gaye was an iconic artist who deserved every accolade and recognition she earned, especially when you consider that she is a Black star in an industry that is constantly underestimated and outright steals contributions from people of color. But eliminating every instance of sonic parallelism is intellectually dangerous, bad for creativity, and downright bad for music.