Townsend and Gayes Sue

[marybrewster]

KS95 94.5


MUSIC NEWS
BY KS95 | SEPTEMBER 30, 2022
Ed Sheeran ordered to stand trial in “Thinking Out Loud” copyright suit
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Ed Sheeran‘s legal woes are far from over. Even though he emerged victorious in his “Shape of You” copyright suit, he is now going toe to toe over a Marvin Gaye hit.

Billboard reports a federal judge has ordered the Grammy winner to stand trial in the copyright lawsuit alleging he stole elements from Gaye’s “Let’s Get It On” to make his 2014 hit “Thinking Out Loud.” The lawsuit was brought on by Structured Asset Sales, who owns a third of Ed Townsend‘s copyrights.

Townsend co-wrote “Let’s Get It On” with Gaye; his heirs have filed a separate suit on the matter.

This case now heads to a jury trial, which Ed, who previously filed a request to dismiss the lawsuit, hoped to avoid. His team argued the elements he’s accused of stealing — a chord progression and harmonic rhythm from the 1973 song — were not unique enough to be protected under copyright.

The British singer’s team noted the same elements were found in a song that predates “Let’s Get It On” — The Temptations‘ 1965 hit “Since I Lost My Baby.”

Judge Louis Stanton sided against Ed and ruled nothing would preclude the artist from relaying his arguments to a jury. “There is no bright-line rule that the combination of two unprotectable elements is insufficiently numerous to constitute an original work,” the judge wrote. “A work may be copyrightable even though it is entirely a compilation of unprotectable elements.”

Judge Stanton also ruled that should Ed be found guilty of copyright infringement, the profits he made from concerts when he performed “Thinking Out Loud” will be included in awarded damages.

No date has been set for the upcoming case, but it is expected to take place in a Manhattan federal courthouse.

[marybrewster]

My ears don't hear it:

https://youtu.be/lp-EO5I60KA

[reese]

I hear a some similarities in the backing track but to my ears, the melody lines of the songs are different.

[bradsupremes]

Good grief, are the Gayes greedy people or what?

Harmonic rhythm classifies as a song now? Sorry but it doesn't. A song is the combination of a chord structure/progression, melody, and lyrics. I could make "Mary Had A Little Lamb" sound like "Let's Get It On." Does that mean its the same song and I stole it? Hell no.

The "Blurred Lines" lawsuit was downright ridiculous to begin with and should have never ruled in the Gayes favor. They were the ones who prevented the songs being played on a piano in the courtroom for comparison. Why? Because it would reveal they had no case and yet people are so musically uneducated they think a groove qualifies as a song. Guess what? It doesn't.

Seriously, people need to find better things to do with their lives than going after 8 year old songs because it has a "similar vibe" to one that's 50 years old.

[Cosmic Truth]

I admit what I know about music could be written on the back of an acid tab with a five inch paintbrush, but while I can definitely hear some similarities to Let’s Get It On, I wouldn't say it's close enough to be a copy.

If I hadn't heard about the legal action I don't know if I would have noticed any similarity to Let’s Get It On.

[khansperac]

Can’t believe I’m on a “Soulful” forum, and instead of supporting a soul artist from possible white theft/ appropriation people are calling out the black artist legacy gate keepers.

[bradsupremes]

Can’t believe I’m on a “Soulful” forum, and instead of supporting a soul artist from possible white theft/ appropriation people are calling out the black artist legacy gate keepers.

This conversation is about the music and how musically ridiculous this lawsuit it is. Race was never mentioned. You’ve been on the forum long enough to know that we are not people who think and act that. I would be making the same argument if it were two white people. So please don’t go there because none of us are like that.

[khansperac]

I mentioned it and I will go there. This is how I feel. Are you discounting my feelings? Knowing the history of how black artist have been ripped off by white people I will not put anything past anyone. If your offended that’s on you.

[bradsupremes]

I mentioned it and I will go there. This is how I feel. Are you discounting my feelings? Knowing the history of how black artist have been ripped off by white people I will not put anything past anyone. If your offended that’s on you.

You’re right. You are allowed to have those feelings and I am not discounting that. You are fully welcomed to believe there is a racial motive behind this. I apologize.

I’m approaching this strictly from a musical structure standpoint and the lawsuit is ridiculous.

[Boogiedown]

Berry Gordy was white ??

[khansperac]

Brad- you don’t owe me an apology. For the record I don’t hear Marvins song. But I will let it play out in court. While that happens I will fully support Marvins estate [[for the reason I stated). It’s ultimately not up to me to decide the merits of this case.