The jury for Ed Sheeran’s “Thinking Out Loud” trial has been chosen. The jury will be made up of four women and three men because Sheeran is charged with stealing Marvin G@ye’s “Let’s Get It On” in order to write his smash song “Thinking Out Loud.”
According to the estate of G@ye’s co-writer Ed Townsend, Sheeran’s song has “overt common elements” and “striking similarities” that constitute copyright infringement.
The trial is expected to take two weeks in Manhattan. Sheeran is anticipated to provide testimony in the case, although he probably won’t show up in court until Tuesday.
Since this is a bifurcated trial, the matter is closed if the jurors rule in favor of the “Shape of You” singer. If the jury rules in favor of the plaintiffs, a damages trial will start right away with the same jurors.
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Over the past 50 years, “Let’s Get It On” has received hundreds of millions of streams, spins, and radio plays and has been included in various movies, television shows, and commercials. The Grammy-winning song of the year, “Thinking Out Loud,” has a much more marital perspective on love and s*x.
Jurors are instructed to focus solely on the basic melodic, harmonic, and rhythmic components of “Let’s Get It On,” as recorded on the sheet music submitted to the U.S. Patent and Trademark Office. Sheeran’s supporters have insisted that his song just makes use of basic pop music components.
“The two songs share versions of a similar and unprotectable [sic] chord progression that was freely available to all songwriters,” they claimed in a court filing.
Sheeran has appeared in court before to discuss his music. In 2017, he prevailed in a legal battle in the United Kingdom involving the song “Shape of You.” After the ruling, the musician denounced the case.
“I feel like claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court, even if there is no basis for the claim,” Sheeran said in a video posted on Twitter at the time. “It’s really damaging to the songwriting industry.”
Ed’s been dealing with a lawsuit recently and he wanted to share a few words about it all pic.twitter.com/hnKm7VFcor
— Ed Sheeran HQ (@edsheeran) April 6, 2022
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