In a trial that features a mashup of Ed Sheeran’s “Thinking Out Loud” and Marvin Gaye’s “Let’s Get It On,” the process of selecting the jury and making opening statements is about to begin.
NEW YORK — A trial that features Ed Sheeran’s “Thinking Out Loud” and Marvin Gaye’s “Let’s Get It On” is scheduled to get underway on Monday with the selection of a jury and the beginning of opening statements.
Sheeran was sued by the heirs of Ed Townsend, who collaborated with Marvin Gaye on the famous soul song “Let’s Get It On,” which was released in 1973. The heirs claim that Sheeran’s successful song from 2014 shares “overt common elements” and “striking similarities” with “Let’s Get It On,” which violates their copyright.
The complaint that was filed in 2017 has finally made it to a trial, which will take place in the Manhattan federal courtroom of Judge Louis L. Stanton, who is 95 years old. The trial is slated to last one week.
Sheeran, who is 32 years old, is one of the witnesses that are anticipated to testify.
“Let’s Get It On” is the archetypal, sexy slow jam that has been heard in innumerable films and commercials and has generated hundreds of millions of streams, spins, and radio plays over the past 50 years. Over the past 50 years, “Let’s Get It On” has been played on the radio hundreds of millions of times. The song “Thinking Out Loud,” which was awarded the Grammy for song of the year, offers a perspective on love and sex that is decidedly more conjugal.
Although the jury will hear the recordings of both songs, most likely more than once, the lyrics and vibes of the songs do not have any bearing on the case in any way. According to the sheet music that was submitted to the United States Patent and Trademark Office, the only factors that the jurors are allowed to take into consideration regarding the composition of “Let’s Get It On” are the song’s raw elements of melody, harmony, and rhythm.
According to statements made by Sheeran’s legal representatives, the undeniable structural symmetry of the songs can only lead to the origins of popular music.
“The two songs share versions of a similar and unprotectable chord progression that was freely available to all songwriters,” they stated in a court filing. “The two songs share versions of a similar and unprotectable chord progression.”
The attorneys for the Townsend family mentioned in the case that artists such as Boyz II Men have produced flawless mashups of the two songs, and that even Sheeran himself has transitioned into ‘Let’s Get It On’ during live performances of ‘Thinking Out Loud’.
They intended to show the jury a potentially incriminating YouTube video of one of Sheeran’s performances on the website YouTube during the trial. Stanton ruled against them in their application to include it, but he stated that he would think about it again after reviewing the other material that was brought forward.
The estate of Gaye is not engaged in the case, but it will invariably have echoes of their successful lawsuit against Robin Thicke, Pharrell Williams, and T.I. over the similarity of their hit song “Blurred Lines” to Gaye’s 1977 song “Got to Give it Up.” Gaye’s estate is not involved in the case, but it will invariably have echoes of their successful lawsuit against Robin Thicke, Pharrell Williams, and T.I.
The trial resulted in a jury awarding $7.4 million to Gaye’s heirs, an amount that was ultimately reduced by a judge to $5.3 million, making it one of the most significant judgements involving copyright in recent decades.
Additionally cited as defendants in the “Thinking Out Loud” lawsuit are Sheeran’s record label, Atlantic Records, as well as Sony/ATV Music Publishing. Plaintiffs in copyright disputes typically name as many defendants as possible, despite the fact that a court has the authority to strike any names he or she deems unsuitable. However, Sheeran’s co-writer on the song, Amy Wadge, was never given credit for her contributions in this instance.
Townsend was a singer, songwriter, and lawyer. He was also the author of the R&B doo-wop hit song “For Your Love,” which was released in 1958. He died in 2003. His daughter, Kathryn Townsend Gryphon, is the one initiating and spearheading the legal action at this time.
Already a Motown success in the 1960s before his more adult 1970s production made him a generational musical giant, Gaye was slain in 1984 at the age of 44 by his father when he sought to interfere in a disagreement between his parents. Gaye had been a Motown superstar in the 1960s. His more adult 1970s output had made him a generational musical giant.