Ed Sheeran arrives at Manhattan Court to testify on the copyright trial where he is accused of copying Marvin Gaye’s song, in New York, United States on April 25, 2023.
Fatih Aktas/Anadolu Agency via GI
Ed Sheeran Copyright Trial Begins With Accuser Teasing ‘Smoking Gun’ He Copied Marvin Gaye
Written by djfrosty on April 25, 2023
Attorneys for Ed Sheeran and his copyright accusers sparred before a Manhattan federal jury Tuesday morning, kicking off a closely-watched trial over whether his “Thinking Out Loud” infringed Marvin Gaye‘s famed “Let’s Get It On.”
With Sheeran himself watching impassively, attorney Benjamin Crump repeatedly told the jury to use their “common sense” to see that the pop star had stolen the “magic” from the earlier song.
“If you remember nothing else about this case, simply remember it is about giving credit where credit is due,” Crump said during his opening statement, occasionally speaking directly to Sheeran just feet away.
Teasing testimony that will unfold during the trial, Crump said he would show jurors “smoking gun” evidence: a much-debated video of Sheeran toggling between the two songs at a concert.
“That concert video is a confession,” Crump said.
Firing back for Sheeran was attorney Ilene Farkas, who told the jury during her own opening statements that Sheeran had “independently created” his song. And more importantly, she said, the only overlap with “Let’s” were his use of “exceedingly common musical building blocks” that cannot be “monopolized” by his accusers.
“Plaintiffs do not own them, because nobody does,” Farkas said. “All songwriters draw from this same basic toolkit.”
She said her clients had been “wrongly accursed of taking something they did not take,” and warned jurors that a verdict for Sheeran’s accusers would “change the what that songwriters are able to write.”
“We ask you not to let that happen,” Farkas told the jury.
Tuesday’s opening statements mark the start of a long-awaited trial in a copyright lawsuit filed way back in 2017 by heirs of Ed Townsend, Gaye’s longtime producer who co-wrote “Let’s Get It On,” over Sheeran’s “Thinking Out Loud” — a commercial and critical success that hit No. 2 on the Hot 100 before winning the Grammy Award for song of the year.
The case claims that Sheeran infringed copyrights by stealing the “heart” from one of the most “instantly recognizable songs in R&B history.” But the pop star’s lawyers say he simply used commonplace musical elements that are free for all to use.
The trial, taking place at the U.S. federal courthouse in Lower Manhattan, kicked off Monday with jury selection on Monday before actually getting under way with opening statements on Tuesday. Testimony is expected to run at least through Friday, meaning a verdict could arrive Friday or early the following week.
Testimony will continue on Tuesday afternoon, potentially with Sheeran himself taking the witness stand.
If found liable, Sheeran could be facing millions in potential damages. After a jury ruled that the 2013 megahit “Blurred Lines” had infringed Gaye’s “Got To Give It Up,” Robin Thicke and Pharrell Williams were ultimately ordered to pay a $5 million judgment, plus ongoing royalties from their song.