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A federal judge has serious doubts about a copyright lawsuit claiming Dua Lipa stole her smash hit song “Levitating” from a little-known reggae track, saying she’s seen no evidence that Lipa ever even heard the song she’s accused of copying.
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The band Artikal Sound System sued the star last year, claiming her 2020 song – which spent 77 weeks on the Billboard Hot 100 chart – borrowed its core hook from their 2017 tune “Live Your Life.”
But in a ruling on Monday, U.S. District Judge Sunshine S. Sykes said there was no sign that anyone involved in creating “Levitating” had had “access” to the earlier song – a key requirement in any copyright lawsuit.
Artikal Sound System offered a complex theory: that one of Lipa’s co-writer had previously worked with a woman who was allegedly taught guitar by the brother-in-law of one band member. But in her ruling, Judge Sykes was clearly unimpressed.
“These attenuated links, which bear little connection to either of the two musical compositions at issue here, also do not suggest a reasonable likelihood that defendants actually encountered plaintiffs’ song,” the judge wrote.
The band also claimed that the song was so widely-available that the “Levitating” writers must have heard it, citing the fact that it had been played at concerts, that they had sold “several hundred” physical CDs, and that it was available on some streaming platforms.
But Judge Sykes said those arguments were “too generic or too insubstantial” to sustain a lawsuit.
“Plaintiffs’ failure to specify how frequently they performed “Live Your Life” publicly during the specified period, where these performances took place, and the size of the venues and/or audiences precludes the Court from finding that Plaintiffs’ live performances of the song plausibly contributed to its saturation of markets in which Defendants would have encountered it,” the judge wrote.
In technical terms, Monday’s ruling dismissed the lawsuit against Lipa. But the case isn’t over: the judge ruled that Artikal Sound System could try to fix the mistakes she had identified and refiled a so-called amended complaint.
Attorneys for both sides did not return requests for comment on Tuesday.
“Levitating,” released on 2020 on Lipa’s second studio album Future Nostalgia, was a massive hit, eventually peaking at No. 2 on the Hot 100 and securing the honor of being the longest-running top 10 song ever by a female artist on the chart.
Artikal Sound System is a reggae band based out of South Florida, founded in 2012 as a duo before later adding additional musicians and vocalist Logan Rex. The band released “Live Your Life” on its 2017 EP Smoke and Mirrors.
In their March lawsuit, the band said the songs sounded so similar that it was “highly unlikely that ‘Levitating’ was created independently.” The lawsuit also named Warner Records, as well as others who helped create the hit track.
But in November, Lipa’s lawyers made counter-arguments that were largely adopted in Monday’s ruling, claiming that the band’s efforts to show that Lipa or the other writers ever heard “Live Your Life” were “tortured” and “nothing more than a speculative.”
“Plaintiffs are essentially seeking to plead access,” the star’s legal team wrote, “by alleging that someone who knows someone who knows someone might have met one of the ‘Levitating’ writers.”
Following Monday’s decision, Artikal Sound System has until June 16 to refile their case.
BRISBANE, Australia — Twenty years after its launch in a red-hot entertainment market, Oztix, Australia’s biggest independent ticketer, just got bigger with the acquisition of Local Tickets.
With immediate effect, Local Tickets, a smaller, rival ticketing agency specializing in local events across the country, is rebranded to Localtix. And as part of the arrangement, all Local Tickets employees join its new parent, while founder and CEO Kristen Goldup is appointed as brand director across Oztix and Localtix.
Also, Oztix events will be populated across 70 local ticket marketplaces, expanding the marketing potential for events ticketed by Oztix.
“Our brands and product offerings are entirely complementary, and after just one meeting with Oztix, it was clear that we had great synergy and shared a mutual culture of putting our clients first,” comments Goldup, who founded the agency in 2011. “My Local Tickets clients will benefit greatly from access to a new collaborative platform, and even more eyeballs will be on our local tickets marketplace websites with Oztix events being listed”.
Financial terms of the deal weren’t disclosed.
Currently, Oztix handles ticketing for venues, festivals and expos such as Big Red Bash, Crafted Beer & Cider Festival, Good Things Festival, and Summernats, while the new addition to its ranks works across a range of agricultural shows, rodeos, turf clubs, hospitality events and more.
Oztix presented its new family members with a celebratory lunch Tuesday (June 6) at its Woolloongabba headquarters, close to Brisbane’s Gabba stadium and timed to coincide with the annual Queensland Day.
“At any given time,” Oztix commercial director Seth Clancy told industry guests, “the business boasts 4,000 events on sale across the country across both platforms.” Prior to the acquisition, Oztix sold close to 3 million tickets each year.
Now, the enlarged group employs 50 full-time staff and hundreds of casual staff at events around the country, notes Oztix co-founder Stuart Field. Each year, millions are pumped into technology and innovation, he explained, a sometimes painful but essential outlay “to evolve with the way technology is changing.”
Co-founder Brian “Smash” Chladil recounted the business’ first steps, starting out under his house in Toowong, in Brisbane’s inner west, and landing contracts with mega-festivals Big Day Out, Soundwave and Falls.
“The next 20 years are looking great,” he explains, “we’re growing because our clients are growing, we’re growing because we win new business and mainly because we don’t lose business.”
Guests at Oztix’s “launch and lunch” included QMusic president Natalie Strijland and CEO Kris Stewart; Fortitude Music Hall and The Triffid venue director John “JC” Collins, former bass player with Powderfinger; Vicki Gordon, founding executive producer and program director of the Australian Women in Music Awards (AWMA); and Shane King, state member of parliament for Kurwongbah.
Australia’s ticketing industry is dominated by the big two, Live Nation affiliate Ticketmaster, and TEG-owned Ticketek. Oztix expands as a new player arrives on these shores in AEG-owned ticketer AXS, led by venue management professional and former Gold Cost Suns chief Andrew Travis as CEO of AXS Australia and New Zealand.
Jimmy Humilde’s first foray into the music business was a party at his sister’s house in Venice, Calif., that he promoted with street flyers. The entrance fee was $5, and Humilde, then 13 years old, made $300. He was hooked.
It was the early 1990s, and the soundtrack of the streets was trance, techno and hip-hop. But Humilde (born Jaime Alejandro to immigrants from Michoacán, Mexico) soon started to include the music of his home in his flyer parties, adding Vicente Fernández and Mexican cumbias into the mix. Then a cousin introduced him to the music of Chalino Sánchez, the underground corrido singer from Culiacán, Mexico, who was kidnapped and murdered at 32 years old in 1992 in what presumably was a revenge killing.
“I didn’t know who Chalino Sánchez was. I didn’t know what a corrido was,” says Humilde, 43, of the songs that narrate the exploits of real and mythical heroes and antiheroes, from 19th century revolutionaries to current-day drug dealers. “But when I met his music, he became part of my soul. He wrote corridos not only for Mexican people but for people who lived in the U.S. that I could relate to.” Sánchez’s songs, combined with his swaggering attitude and combustible persona, planted a seed for Humilde: Why couldn’t there be more music like his, rooted in Mexican culture and appealing to a young, U.S.-born audience?
Nearly 20 years later, his label, Rancho Humilde, is at the forefront of a global explosion of regional Mexican music — the umbrella term for several subgenres that include brass-driven banda, accordion-inflected norteño, traditional mariachi and, increasingly, traditional music that incorporates hip-hop.
Since Rancho Humilde, which translates to “Humble Ranch,” began releasing music in 2017, the label has logged 18 titles on Billboard’s Top Latin Albums chart, including six top 10s, and 41 tracks on Hot Latin Songs. Out of those, seven reached the top 10, including the two-week champ “Bebe Dame.” The label has also placed six songs on the all-genre Billboard Hot 100. Five of them were on the May 6 chart that featured 14 regional Mexican songs, two of them in the top 10 — a breakthrough week for the genre. Fuerza Regida, Natanael Cano and Junior H are among the Rancho Humilde acts that charted.
A friend used canvas from Humilde’s Louis Vuitton travel bags to create this saddle and mount. “Just for decoration!” he says.
Michael Tyrone Delaney
Humilde and his partners, José Becerra and Rocky Venegas, built the label through unorthodox means, relying almost solely on social media over radio and TV to promote their acts and by working with multiple labels and distributors, which enabled their roster to collaborate with a wider array of artists from different genres at a time when Mexican acts were notoriously averse to the practice.
Almost six years after Rancho Humilde was founded, the label is opening new offices in Paramount, Calif., just outside Los Angeles. Not coincidentally, it’s the exact location where Sánchez once ran his own pager store.
“I’m in it for the future of our culture,” Humilde says. “From the beginning, I wanted to be the door-opener.”
What was it like growing up in Venice in the ’90s?
Hip-hop was my heart. I was a huge fan of LL Cool J, Kool Moe Dee, EPMD — old-school hip-hop. To this day, I still listen to hip-hop a lot. I grew up in a multiracial area. There were a lot of Mexicans, but also a lot of Asians and whites. Corridos and Mexican music were not it. They called me “Jimmy the Paisa,” which in our neighborhood meant “straight Mexican.” So while I did raves and hip-hop events for many years, I was the only one in Venice listening to Mexican music. I was the guy known for tejanas.
This Kobe Bryant bobblehead “is the only one in the world” in its size, says Humilde. “I love Dodgers, Lakers, Raiders and Rams memorabilia.”
Michael Tyrone Delaney
With that multicultural atmosphere, why did you enter the regional Mexican business?
I’ve been in the business since I was 14, when I started working as a gopher with another Mexican artist who sang corridos, Jessie Morales, El Original de la Sierra. I realized that we were losing our Mexican culture. The kids weren’t speaking Spanish. It wasn’t cool. I’ve always thought it’s so cool to be Mexican, to have immigrant parents and to speak both languages. I thought I could introduce others to this life. I had to find a way to mix my culture, my Chicano culture, with the Mexican culture. And I did.
What was Rancho Humilde’s breakthrough moment?
“De Periódico un Gallito,” a song by LEGADO 7 we released in 2017. [It peaked at No. 38 on the Regional Mexican Airplay chart.] That corrido talks about a guy who grew up on the streets of Los Angeles and was a drug dealer. That’s the corrido that opened the doors to our music. We basically did a hip-hop song in Spanish. Then we signed Arsenal Efectivo, El de la Guitarra, Fuerza Regida, then Natanael Cano.
Peso Pluma is dominating the charts. He sounds very similar to Cano, with whom he has collaborated.
Peso Pluma calls Natanael “The GOAT.” Natanael Cano opened the lane for everyone. If Nata, Junior H, Fuerza Regida hadn’t existed, this wouldn’t be where it’s at today. Natanael brought swag. He brought that kid that didn’t give a fuck. He brought that, “I’m going to do whatever the fuck I want, and I don’t care” attitude. When I first asked Nata what tumbao was, he said: “I am tumbao.” Before, corridos were listened to by fans with cowboy hats and boots. Today, you’ll see 13-, 14-year-old kids in Jordans listening to corridos tumbaos.
Humilde explains that the liquor store, which was built as a prop “for our music videos,” is a replica of a corner from his old Venice neighborhood.
Michael Tyrone Delaney
Your artists weren’t the first to blend Mexican and hip-hop sounds, but acts like Akwid in the 2000s didn’t reach the level of success that Rancho Humilde’s artists are having now. Is it simply a matter of timing?
It didn’t work before because the people behind it weren’t real. They weren’t from the streets. They were copying what other people were doing. Akwid is from the streets, but the people behind them weren’t.
What is your strategy for working with multiple distributors? Most labels usually strike a deal with just one. For example, Cano with Warner; Fuerza Regida with Sony.
I’m not committed to just one. Me, along with my attorneys — George Prajin and Anthony Lopez — structured our own contract and our own way of doing business. I don’t have exclusivity with anyone. I don’t think anyone should have exclusivity with anyone. I don’t believe in licenses because there’s only one person that owns our music, and it’s [us]. And I’m also business partners with our artists. We restructured our whole company, and we don’t sign artists to a royalty fee. We sign artists as business partners, we help them build their own labels and businesses, and we do a [joint venture] between labels.
You’re so indie-minded. Why distribute with Warner’s Alternative Distribution Alliance and Sony’s Orchard versus another indie?
My whole goal was to [go global]. And I finally realized that the only people I was going to be able to do it with was with a global company. That’s why I chose Warner at first, then Sony, then Universal; I did a one-off deal with Republic and Universal. I needed the reach. I needed people to learn about this and realize it was different. It wasn’t only about us being banda.
Medals given to the owners of Rancho Humilde when they visited the White House.
Michael Tyrone Delaney
How important is social media to Rancho Humilde’s success?
Social media is Rancho Humilde. We were born in social media. We started with Myspace all the way down to Facebook, all the way down to Instagram and TikTok. But our biggest [avenue] was YouTube. YouTube is huge for us revenuewise, bigger than the other platforms. Facebook, Instagram and TikTok are our main marketing channels. We were never on radio until the most recent hit by Fuerza Regida. The only work we outsource is with our publicist, Monica Escobar, who does everything we don’t do on marketing on our end.
One of the biggest challenges facing successful industries in Mexico are the drug cartels. In recent years, they’ve taken over the trade of limes, avocados and other produce. As music becomes an exponentially more valuable export, how do you protect your business from that influence?
I just feel that certain people got their help as they could. That’s one of the things that kept Rancho Humilde from becoming the most successful label [quickly], because we never had any investors. It was always JB, Rocky and myself. I don’t care who it is. I just don’t believe in investors. Have other companies used that? I don’t know. I’ve never asked. I know drug cartels exist, and my dad always told me the biggest cartel was the government and the church. I agree with that. I don’t fight it. I don’t criticize anyone for what they do. I don’t care what they do.
Rancho Humilde’s 2019 release of Cano’s “Soy el Diablo” remix with Bad Bunny was groundbreaking at the time. Now mainstream labels are signing Mexican acts. What do you think of that?
I don’t see why they wouldn’t, but it’s going to be hard for them to catch up to all the indies already performing at a high level.
What does it mean to you that this music is now popular in places far from Mexico?
I knew this was going to happen. Right before Peso Pluma came in, Nata was already a global artist. He was known in Spain, Chile, Argentina, but the music wasn’t charting as high as it is today. Peso Pluma won’t be the biggest artist. There’s a whole lot coming who will be huge. [But] Peso is like the Daddy Yankee of our genre. He went and opened the doors worldwide, but here come more monsters. If you’re not focused on Mexican music right now, I suggest you do.
Sean “Diddy” Combs‘ son, 29-year-old Justin Combs, was arrested for DUI in Los Angeles this weekend. A spokesperson for the LAPD confirmed to Billboard on Monday morning (June 5) that the younger Combs was taken into custody on Sunday morning on a misdemeanor DUI charge. At press time no additional information was available on the […]
Music streaming giant Spotify is making a new round of cuts to its podcast division following a broad round of layoffs in January and job cuts in October. In a memo to staff Monday morning from Sahar Elhabashi, the head of Spotify’s podcast unit, the company said that it would be reducing its workforce by […]
Shares of iHeartMedia jumped 30.5% to $3.12 this week, making the radio giant the best-performing stock on the Billboard Global Music Index. The company gained 25.3% on Friday (June 2) without any clear signal — such as an SEC filing or earnings release — to drive such a sharp movement. On Thursday, CEO Bob Pittman […]
The band OK Go has reached a confidential settlement to end a bizarre legal battle with Post Foods over a new line of on-the-go cereal packages called “OK Go!”
Just months after OK Go — a power pop band best known for its viral music videos — vowed to fight back against a “big corporation” that “chose to steal the name of our band to market disposable plastic cups of sugar to children,” attorneys for both sides asked a Minnesota federal judge to dismiss the lawsuit permanently, with each side paying their own legal bills.
The filing said that the two sides had “settled this action on terms agreeable to all parties,” but did not include specific terms of the agreement in public court records, like whether the band would be paid or if Post would change the brand name. Neither side immediately returned requests for comment on Friday (June 2).
The settlement will resolve an unusual legal dispute that pitted a pop band against a multinational food company, asking the question: Will consumers who see a portable snack package of Fruity Pebbles on a supermarket shelf think that a band with a similar name had endorsed it?
The fight started in September when an attorney for the band sent a cease-and-desist letter warning Post that OK Go was “surprised and alarmed” to see Post’s new product line. He claimed the name infringed the trademark rights to the band’s name since it would “suggest to consumers that OK Go is endorsing Post’s products,” or falsely imply that the cereal company had received permission to use it.
“Our client regards this matter with the utmost seriousness and has authorized us to take all steps necessary in any venue to protect its rights,” OK Go’s attorney wrote in the September letter. “If we do not hear from you within 10 days of the date of this letter, we will assume that Post does not wish to resolve this matter amicably.”
A week later, an attorney representing Post responded, saying that the company must “respectfully disagree” with the band’s accusations. The attorney argued that rock music and breakfast cereal were “clearly unrelated” products and that the phrase “OK Go” was merely a common term that had previously been used by many other companies on their products.
In January, Post took the battle to court, asking a federal judge for what’s known as a “declaratory judgment” — meaning a pre-emptive ruling that the company did nothing wrong. Post argued that the trademark rights of a rock band like OK Go don’t extend to an unrelated product like cereal and that the new cups are clearly marked with Post’s own brand names to avoid any confusion.
“Without resolution by this court, Post will be unfairly forced to continue investing in its new OK GO! brand while under the constant threat of unfounded future litigation by defendants,” the cereal company wrote in its lawsuit.
In a statement to Billboard at the time, the members of OK Go said they’d been surprised to learn of Post’s lawsuit.
“A big corporation chose to steal the name of our band to market disposable plastic cups of sugar to children. That was an unwelcome surprise, to say the least,” the band wrote. “But then they sue US about it? Presumably, the idea is that they can just bully us out of our own name, since they have so much more money to spend on lawyers? I guess that’s often how it works, but hopefully, we’ll be the exception.”
According to Post’s lawsuit, the company had offered to pay the band as part of a “good faith effort” to resolve the dispute without resorting to litigation, despite its belief that the accusations lacked legal merit. The company claimed OK Go rejected that offer and made no counter-proposal, leaving Post with no choice but to file a lawsuit.
Steve Butler was named head of legal & business affairs, North America at Warner Chappell Music. Butler will support the publisher’s U.S. (including Nashville and U.S. Latin) and Canadian markets while working closely with various departments to ensure cohesion across its North American operations. He will continue reporting to Warner Chappell executive vp/global head of legal & business affairs Peter Rosenthal. Butler was previously senior vp of legal & business affairs; among other deals, he oversaw the company’s purchase of David Bowie‘s catalog.
Warner Music Group’s WMX announced several new hires: Karl Walsh as executive vp/head of global commerce; Brian Furano as global head of A&R; and Robbie Owens-Russo as senior vp of creative services. Additionally, the company announced the following promotions: Tracy Stone to head of artist and fan experiences, North America; Bob Workman to head of WMX artist & fan experience, UK & rest of the world/senior vp of international artist & brand partners; and Angela Nguyen to head of global commercial operations. The new appointments mark a major overhaul of WMX’s merchandise, commerce, partnerships and ops teams. Walsh can be reached at Karl.Walsh@wmg.com, Furano can be reached at Brian.Furano@wmg.com, Owens-Russo can be reached at robbie.owens-russo@wmg.com, Stone can be reached at Tracy.Stone@wmg.com and Workman can be reached at Bob.Workman@warnermusic.com.
David Loiterton was hired as president, Indo-Pacific at Primary Wave Music. Based in Hong Kong, Loiterton will be tasked with managing the company’s catalog while driving investment in music IP across the region, particularly in India, Japan, Korea, China and Australia as well as emerging Southeast Asian markets. He can be reached at dloiterton@primarywave.com.
SESAC Performing Rights promoted Erin Collins to senior vp of film/TV creative services. The Billboard 2022 Women in Music honoree will continue overseeing SESAC’s network of composers and publishers.
Independent dance label Armada Music announced several new hires and promotions: Madeleine van Schendel was named chief growth officer; Jop Bonnike was promoted to COO; and Michel Peek was promoted to GM of publishing. Additionally, Nadine van Bodegraven moved from Armada’s executive team to join its investment company BEAT as COO.
Attorney Kenneth T. Deutsch joined law firm Paul Hastings as a partner and global co-chair of its entertainment and media practice. He joins from Latham & Watkins, where he served as global co-chair of the firm’s entertainment, sports and media group.
Island Records announced the promotions of Hannah Colson to director of artist development and Sam Lunn to director of strategic marketing.
MNRK Music Group promoted Brandon Squar to GM and Ebrahim “Abe” Rasheed to senior vp of urban. Squar will oversee commerce, marketing, project management and publicity for the company’s artists while Rasheed will spearhead all efforts in A&R and artist development for MNRK’s urban roster.
Tamaya Petteway was named senior vp of partnerships at Dick Clark Productions, where she will be tasked with securing brand partnerships across the company’s live event programming, including the American Music Awards, the Country Music Awards, the Billboard Music Awards, Dick Clark’s New Year’s Rockin’ Eve, the Streamy Awards, So You Think You Can Dance and The Golden Globes. Petteway joins the company from Endemol Shine North America, where she most recently served as senior vp of brand partnerships, licensing and digital.
Ariana White was promoted to vp of publicity at Atlantic Records. She currently handles publicity for Atlantic signees Kali, Mahalia, Rico Nasty, Ckay, No Cap and Quando Rondo, among others.
The Black Music Action Coalition and Audiomack announced a paid internship and mentorship program designed to discover the next generation of Black executives in the music industry and named several executives as mentors. They are: Artistry Group CEO Max Gousee, The Blueprint Group CMO/partner Al Branch, Biz 3 Publicity CEO Kathryn Frazier, CAA agent Yves Pierre, 10Q Management CEO Lydia Asrat and AEG talent buyer Marcus “Don Dada” Johnson. Prospective candidates to the program can apply here.
Troy Skabelund joined artist financing company beatBread as CFO. Skabelund is also founder/CEO of the small business consulting network Advisory Zone.
Boutique entertainment law firm Ritholz Levy Fields promoted three attorneys to partner: Cody Brown (New York), Jenna Harris (Nashville) and Dan Zupnick (New York). Brown can be reached at cbrown@rlfllp.com, Harris can be reached at jharris@rlfllp.com and Zupnick can be reached at dzupnick@rlfllp.com.
Lauren Kreisler was promoted to director of brand & digital for the Official Charts Company in the UK, a newly created role. Her expanded role comes ahead of the company’s refreshed brand identity and consumer-facing digital platform in the coming weeks. Kreisler can be reached at lauren@officialcharts.com.
Anna Desalu was named vp of commerce and sales at record label Blac Noize! (Big Machine/SB Projects), where she will lead streaming initiatives for the company’s roster, including by cultivating digital partnerships and editorial placement. She joins the company from Warner Music Group/Atlantic Records’ Asylum Records, where she was director of sales and commerce.
Audioshake co-founder/CEO Jessica Powell has joined the advisory board of digital music distribution platform Octiive, joining SoundCloud chief product officer Rohit Agarwal and Meta head of UK and Ireland venture capital & partnerships Rowly Bourne.
HYBE is reportedly in talks with investors to raise around $380 million (500 billion won) to fund acquisitions outside of the South Korean entertainment market, according to a report by Bloomberg. The agency and entertainment company is exploring taking on strategic and financial investments in exchange for equity, the outlet reported Thursday, citing sources who […]
A month after Ed Sheeran won a high-profile jury verdict that his “Thinking Out Loud” did not infringe Marvin Gaye‘s “Let’s Get It On,” his copyright accusers have formally launched their appeal.
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The heirs of Ed Townsend — who co-wrote the iconic song with Gaye – filed a so-called notice of appeal Thursday in Manhattan federal court, the first step toward asking a federal appeals court (the U.S. Court of Appeals for the Second Circuit) to overturn the outcome and revive their lawsuit against Sheeran.
The upcoming appellate battle will mark the next chapter in nearly seven years of litigation over “Thinking Out Loud” — a commercial and critical success that hit No. 2 on the Hot 100 before eventually winning the Grammy Award for song of the year.
In their suit, Kathryn Townsend Griffin and other Townsend heirs claimed that Sheeran had “knowingly and intentionally infringed” the earlier tune, stealing the “heart” from one of the most “instantly recognizable songs in R&B history.”
The two songs at issue in the case do sound similar, as even Sheeran has seemingly acknowledged: The star was captured on video at a 2014 concert toggling back and forth between them, drawing huge applause from the audience. But his lawyers say that’s simply because the two tracks share commonplace musical building blocks – elements that are free for all to use and cannot be “monopolized” under copyright law.
After years of delay, the case finally went to trial in April. Lawyers for the Townsends urged the jurors to “give credit where credit is due,” playing that concert video of Sheeran and calling it a “smoking gun.” But Sheeran’s lawyers, supported by testimony from the star himself that included a brief guitar performance, argued the star had done nothing wrong by using “the scaffolding on which all songwriting is built.”
On May 4, jurors sided with Sheeran, finding that he and his co-writer had independently created “Thinking Out Loud” without copying it from “Let’s Get It On” and clearing him of millions in potential legal damages.
A verdict against the singer would have reverberated throughout the music industry, much like an infamous 2015 verdict against Robin Thicke and Pharrell Williams over their megahit “Blurred Lines,” which made musicians and companies more cautious about similar-sounding songs. Instead, his case represents the latest lawsuit in which such claims were rejected, following a 2020 ruling on Led Zeppelin’s “Stairway To Heaven” and a 2022 ruling on Katy Perry’s “Dark Horse.”
Thursday’s motion – procedural first step in any appeal in federal court – does not include detailed arguments; those will be filed later at the Second Circuit. But they will likely include challenges to what evidence the judge allowed to be used in the case and how he conducted the trial in April. Such appeals typically face an uphill climb, particularly when a case was decided by a jury rather than by a judge.
Briefs will be filed at the Second Circuit in the coming months. It could take the court well over a year to issue a final ruling.