Ed Sheeran Takes Stand in Copyright Trial as ‘Thinking Out Loud’/’Let’s Get It On’ Medley Is Played in Court

variety.com:

Chris Willman Senior Music Writer and Chief Music Critic A copyright trial in a Manhattan federal courtroom pitting Ed Sheeran against the heirs of a co-writer of Marvin Gaye’s classic “Let’s Get It On” saw the pop star taking the stand Tuesday, offering strong retorts to attorneys’ arguments that he had stolen elements of the 1970s hit for his own “Thinking Out Loud.” One piece of evidence that the judge had left in limbo in pre-trial hearings was a fan-shot video of Sheeran mashing up the two songs in concert in 2014.

U.S. District Judge Louis Stanton, who had previously left the matter of whether to allow the medley unresolved, ultimately ruled Tuesday that a 30-second clip be played, despite Sheeran’s attorneys’ argument that it was “irrelevant and prejudicial.” Ben Crump and Keisha Rice — representing the heirs of Ed Townsend, Gaye’s credited co-writer on “Let’s Get It On” — alternately called the video “a smoking gun” and “a confession” in an opening statement and subsequent examination of Sheeran.

Retorted Sheeran, per an account of the testimony from Reuters: “I mash up songs at lots of gigs. Many songs have similar chords.

You can go from ‘Let It Be’ to ‘No Woman No Cry’ and switch back. And quite frankly, if I’d done what you’re accusing me of doing, I’d be quite an idiot to stand on a stage in front of 20,000 people and do that.” One basis for attempting to keep the video out of evidence is that under the guiding rules of the case, jurors are only supposed to consider the specific, basic building blocks of the musical compositions, as found in sheet music, and not whether the two songs share a similar vibe or feel in performance.