The 32-year-old singer was taken to court on the claims of copying the ‘heart’ of the original 1973 track which translates to the ‘harmonic progressions, melodic and rhythmic elements.’ The Marvin Gaye track was represented by the family of Ed Townsend, the co-writer with Marvin Gaye. Kathryn Townsend Griffin, Townsend’s daughter had sued Sheeran, his label Warner Music Group and his music publisher Sony Music Publishing, claiming infringement of their copyright interest in the Gaye song in 2017.
However, the singer from Suffolk won the case on May 2nd at a Court in New York, this allowed him to keep the rights to his song, and he stated that both the songs use similar chords which are integral to many pop songs in the past. The jury was in favour of Sheeran and ruled that he had not copied off Marvin Gaye’s track.
The jury was in favour of Sheeran and ruled that he had not copied off Marvin Gaye's track
The Copyright, Designs, and Patents Act 1988 allows a music work to be eligible for copyright protection if it is written in music notation or recorded on tape, or fixed in another form. Music plagiarism can be identified if a song is replicated with substantial similarity. This can constitute elements such as melody, harmony, rhythm, and sound. Inducing these elements, if two songs due display similar characteristics, the later-made song can face charges and consequences for the action. Along with substantial similarity, access is a factor that is responsible for proving copyright against a music work. The creator of the supposedly copied track should have had access to the work that was made first to prove there could have been a copyright infringement. Copied segments from songs can be recognized with the help of special music recognition apps that exist, sheet music detectors, and even expert advice from musicologists.
Sheeran’s victory was based on proving the fact that both songs are two songs with different lyrics, melodies, and four chords which were different but were extensively used by songwriters everywhere.
Whilst outside of court, Sheeran said he was "very happy" to have won his case and that he did "not have to retire from [his] day job after all". According to certain accounts, the British singer had stated that he’d be “done” with music if he were to lose the case.
