Billboard Explains: Music Copyright Lawsuits
Written by djfrosty on June 14, 2023
In this episode of Billboard Explains, we take a look at the rise of copyright lawsuits and the significance behind Ed Sheeran‘s case and his win over his track “Thinking Out Loud.”
Producer:
Copyright lawsuits are on the rise. Ed Sheeran recently won a copyright lawsuit claim against his Billboard Hot 100 hit “Thinking Out Loud.” While the pop star successfully defended his hit song, it’s actually one of many copyright lawsuits that are bringing music’s most well-known stars into the court.
From Robin Thicke and Pharrell to Katy Perry, why is there a rise in copyright infringement cases? And how does Ed Sheeran’s victory impact the music industry? This is Billboard Explains: Music Copyright Lawsuits.
Let’s first dive into what Sheeran’s copyright case was all about: Sheeran’s “Thinking Out Loud” versus Marvin Gaye’s “Let’s Get It On.” The family of “Let’s Get It On” co-writer Ed Townsend accused Sheeran of copying the chord structure of Gaye’s 1973 hit. The jury ultimately ruled in favor of Sheeran, saying that he didn’t copy any of the elements of the song and created it independently.
This isn’t the first time Marvin Gaye has been involved in a copyright case. In 2013, Gaye’s family claimed Robin Thicke and Pharrell’s song “Blurred Lines” copied Gaye’s 1977 hit song “Got to Give It Up.” Thicke actually told Billboard that Gaye inspired the song, saying in part, “I told him, ‘Pharrell, I wanted to do something kind of like Marvin Gaye’s ‘Got to Give It Up’ that kind of feel because it’s one of my favorite songs of all time.’”
The jury found Robin Thicke and Pharrell Williams guilty of copyright infringement, and awarded Marvin Gaye’s estate over $5 million and 50% of future royalties on the song. The verdict of the “Blurred Lines” case jump-started a wave of copyright lawsuits targeting some of music’s biggest hits, from opening guitar riffs to similar melodies, to similar lyrics. So why does this particular case matter? According to Billboard‘s Senior Legal Correspondent Bill Donahue, the “Blurred Lines” lawsuit created confusion and fear among songwriters and artists at the time. So this case shows that the pendulum is swinging the other way. Basically, Sheeran winning this case helps other songwriters in the future. He says it best:
Ed Sheeran:
“These codes 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’re all gone.”
Producer:
So what’s the impact on the music industry as a whole? Things are starting to change when it comes to copyright cases. Many artists are choosing to go to court and fight for their work as opposed to settling out of court. They want to prove they’re innocent of the claims and not become a target for a cash grab. And the music industry as a whole is learning more about what makes a legitimate copyright case, actual stolen music and lyrics versus common musical elements.
Ed Sheeran:
“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.”
Producer:
All in all, while Sheeran’s win won’t necessarily stop future lawsuits from happening, the win still marks a significant moment in music history.