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Supreme Court Declines Copyright Appeal for Sheeran’s 'Thinking Out Loud'

The refusal upholds lower courts’ finding that common chord progressions are not protected under the 1909 Copyright Act.

Ed Sheeran poses on the red carpet as he attends the 66th Annual Grammy Awards in Los Angeles, California, U.S., February 4, 2024. REUTERS/Mario Anzuoni/File Photo
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Singer Ed Sheeran performs on NBC's "Today" show at Rockefeller Center in New York, U.S., June 6, 2023.  REUTERS/Brendan McDermid/File Photo
Ed Sheeran poses at the Met Gala, an annual fundraising gala held for the benefit of the Metropolitan Museum of Art's Costume Institute with this year's theme 'Sleeping Beauties: Reawakening Fashion' in New York City, New York, U.S., May 6, 2024. REUTERS/Andrew Kelly/File Photo

Overview

  • The Supreme Court’s refusal leaves intact the 2nd U.S. Circuit’s ruling that no reasonable jury could find substantial similarity between the songs in light of their melodies and lyrics.
  • The legal battle began in 2016 when Ed Townsend’s heirs sued Ed Sheeran over alleged copying of 'Let’s Get It On' in his hit single.
  • Structured Asset Sales, which owns an 11% stake in Gaye’s song rights, argued that courts should assess actual recordings rather than relying solely on registered sheet music.
  • The U.S. Copyright Office determined that the 1973 registration covers only the handwritten sheet music submitted by Townsend.
  • 'Thinking Out Loud', co-written by Amy Wadge, won two Grammy Awards in 2016 and has repeatedly cleared infringement claims at both jury and appeals court levels.