Why did Ed Sheeran win his US copyright case? (The Short Answer)

Since being a mother to a teenage girl and Melbourne hosing his biggest concert of all time, my love and appreciation for Ed has grown.

I was therefore very happy to wake up this morning to the news Ed won his USA copyright case and is thankfully not giving up music. My daughter is relieved too!

Here's my break down of the decision to help you flex your legal knowledge at social gatherings over the weekend!

Ed Sheeran wins US copyright case.

Jury finds Ed Sheeran’s 2014 song ‘Thinking Out Loud’ did not infringe the copyright in Marvin Gaye’s 1973 song ‘Let’s Get It On’.

What was alleged?

The heirs to co-writer Ed Townsend’s copyright share of ‘Let’s Get It On’ alleged that Sheeran copied the heart of Gaye's song including its melody, harmony and rhythm.

Why did Sheeran win?

REASON 1:

The similar elements between the songs were not 'original' and therefore not protected by copyright.

The jury found that any similarities between the songs were limited to Sheeran using composition elements (i.e. keys, chord structures and chord progressions) that are commonly used in other songs, not original to Gaye’s song and therefore not protected by copyright.

REASON 2:

Sheeran's 'Thinking Out Loud' was independently created.

Even if Sheeran infringed copyrighted elements of Gaye's song, the jury found that 'Thinking Out Loud' was created through independent thought and not copied from ‘Let’s Get it On’.

In the USA, independent creation is a defence to copyright infringement.

So what can we take away from Sheeran's win?

Although this is a US case it has some practical application to Australian musicians.

Takeaway 1: Musicians should clearly document their song-writing process (video recording is helpful).

Takeaway 2: If you incorporate commonly used musical elements in your song, these may not be protected by copyright.

Image source:?Getty?/?Michael M. Santiago.