Overview

• The Supreme Court on June 16 declined to review Structured Asset Sales’ appeal alleging that Sheeran’s “Thinking Out Loud” copied Marvin Gaye’s “Let’s Get It On.”
• The high court’s refusal sustains the 2nd U.S. Circuit’s finding that the disputed chord progression, harmonic rhythm and melody are too commonplace for copyright protection.
• A 2023 Manhattan jury rejected a related claim from Ed Townsend’s heirs that Sheeran infringed on the song’s sheet music copyright.
• Structured Asset Sales owns about 11% of the rights to “Let’s Get It On” and had argued courts should examine actual recordings rather than only the deposited sheet music.
• A separate lawsuit by the company over the audio recording of “Let’s Get It On” remains pending and could return to federal courts.