Pop singer Ed Sheeran is accused of copying his ballad “Thinking Out Loud” from Marvin Gaye’s “Let’s Get It On” in a closely watched copyright trial. He stood on the witness stand on Tuesday. He wrote the song based on his own experience.
Appearing in a federal courthouse in Manhattan in a dark suit, blue tie, and disheveled red hair, Sheeran testified that he and his co-author Amy Wadge independently wrote “Thinking Out Loud.” .
“Yes, Amy Wadge and I wrote a song called ‘Thinking Out Loud’.”
The lawsuit was brought by the family of producer and songwriter Ed Townsend, who co-wrote “Let’s Get It On” with Gaye in 1973. with a characteristic syncopated rhythm — copied by Mr. Sheeran. I claim that there is
In his opening statement, plaintiffs’ attorney Ben Crump urged jurors to use “common sense” when comparing songs, and the evidence included what he described as “smoking guns.” said. fan video It showed Sheeran playing a “mashup” or medley that seamlessly moved between “Thinking Out Loud” and “Let’s Get It On.”
“That concert video is a confession,” said Crump, best known as the civil rights attorney who represented the family of George Floyd, who was murdered by police in 2020.
After a private review of the video by the judge in the case, Louis L. Stanton, it was played for the jury. Keisha D. Rice, another attorney for the plaintiffs, asked Sheeran about it.
He said it was possible because he often performs mashups like this at concerts, and many pop tunes contain only a handful of chords.
“Most pop songs fit in most pop songs,” Sheeran said. “It’s just a mashup of one song with another,” he added.
During interrogation, Mr. Sheeran was not directly challenged as to whether he copied. “Let’s Get It On” He said he first heard it in the “Austin Powers” movie.
he described some of the creation of “Thoughts were spoken,” Released in 2014, the song began with Mr. Wadge strumming a few chords on his guitar. He added a few more and they ‘came and went’ in other parts.
“That’s kind of how songwriting works,” Sheeran testified.
Sheeran also noted another influence on “Thinking Out Loud”, saying that once the song was recorded, it “sounded like he emulated Van Morrison production-wise.” He cited several tracks by Mr. Morrison that have similar chord structures.
After his song came out, Mr. Sheeran testified and Mr. Morrison visited him for breakfast and told him how much he loved the song. They are friends now, Sheeran said.
Sheeran’s attorney, Eileen S. Farkas, said in an opening statement that the two songs share common elements found in many tracks and are in the public domain for musicians to use.
She said the plaintiff “cannot possess these common musical elements.”
The first witness called just before noon was Kathryn Griffin Townshend, Mr. Townshend’s daughter.
Wearing a tan coat with the word “Integrity” emblazoned across the back, Griffin Townsend said many acquaintances in the music world called her when “Thinking Out Loud” was released, and noted the resemblance. testified that it was impressive. “Some said it was just a language change,” she said, people would say. “It’s ‘Let’s Get It On’.”
She said she tried to contact representatives at Sony/ATV, the music publishing giant representing the Townshend and Sheeran catalogs, but was unable to reach anyone and received no response. However, during her cross-examination, Sheeran’s attorneys noted that Griffin Townsend’s attorneys had extensive correspondence with Sony/ATV about her claims.
She said she wanted someone at the company, renamed Sony Music Publishing, to briefly explain the business.
“Paper doesn’t speak to me,” she said. “I work better with human contact.”
Griffin Townsend praised Sheeran as “a great artist with a great future” and said she was not a “copyright troll”.
“I have to protect my father’s legacy,” she said.
Mr. Sheeran’s celebrity status was noted throughout the courtroom, with heads spinning every time he walked in and out of the courtroom, public restrooms, and even the cafeteria where he ordered a meatball sub.
At the end of Sheeran’s testimony, his attorney said he would not cross-examine him, but would recall him to the stand at another point during the trial.
