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Will Ed Sheeran’s ‘Thinking Out Loud’ Win Stop Other Copyright-Infringment Lawsuits? Attorneys Weigh in

Jem Aswad Senior Music Editor Much of the music industry heaved a collective sigh of relief when the news broke Thursday that Ed Sheeran was found not liable on a copyright claim alleging that he copied key elements from the Marvin Gaye ‘70s hit “Let’s Get It On” for his own song “Thinking Out Loud.” The case is one of countless similar infringement cases that have been brought before courts, settled, or continue in seemingly endless loops of appeals. But there’s little question that recent ones — at least the ones that followed the 2015 “Blurred Lines” decision that shook the industry — have sided with creators. The lawsuit around Katy Perry’s “Dark Horse” went on for five years before being decided initially in favor of Christian rapper Marcus Gray — who claimed her song was substantially similar to his earlier track “Joyful Noise” — but was overturned in 2020 when a judge ruled that the eight-note “ostinato” Perry allegedly copied lacked the “quantum of originality” to warrant copyright protection (Gray’s appeal was unsuccessful). Later in 2020, the U.S. Supreme Court declined to take up the long-running copyright battle over Led Zeppelin’s “Stairway to Heaven,” leaving in place a ruling that rejected infringement allegations over the 1971 song. The justices denied a petition aimed at reviving the case, ending six years of litigation over claims that the song’s writers, Jimmy Page and Robert Plant, plagiarized the song’s iconic intro from the 1968 song “Taurus” by the group Spirit.
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Will Ed Sheeran’s ‘Thinking Out Loud’ Win Stop Other Copyright-Infringment Lawsuits? Attorneys Weigh in
Jem Aswad Senior Music Editor Much of the music industry heaved a collective sigh of relief when the news broke Thursday that Ed Sheeran was found not liable on a copyright claim alleging that he copied key elements from the Marvin Gaye ‘70s hit “Let’s Get It On” for his own song “Thinking Out Loud.” The case is one of countless similar infringement cases that have been brought before courts, settled, or continue in seemingly endless loops of appeals. But there’s little question that recent ones — at least the ones that followed the 2015 “Blurred Lines” decision that shook the industry — have sided with creators. The lawsuit around Katy Perry’s “Dark Horse” went on for five years before being decided initially in favor of Christian rapper Marcus Gray — who claimed her song was substantially similar to his earlier track “Joyful Noise” — but was overturned in 2020 when a judge ruled that the eight-note “ostinato” Perry allegedly copied lacked the “quantum of originality” to warrant copyright protection (Gray’s appeal was unsuccessful). Later in 2020, the U.S. Supreme Court declined to take up the long-running copyright battle over Led Zeppelin’s “Stairway to Heaven,” leaving in place a ruling that rejected infringement allegations over the 1971 song. The justices denied a petition aimed at reviving the case, ending six years of litigation over claims that the song’s writers, Jimmy Page and Robert Plant, plagiarized the song’s iconic intro from the 1968 song “Taurus” by the group Spirit.
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