Fishman Stewart PLLC | 800 Tower Drive | Suite 610 | Troy, MI 48098 | USA +1 248.594.0600

Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 23, Issue 10

Share on Social

No More Discord Over This Chord: Sheeran Sings His Way To Copyright Win

By Linda Monge Callaghan

Ed Sheeran recently successfully defended against a copyright infringement lawsuit over his 2014 hit “Thinking Out Loud.” Songwriter Ed Townsend’s heirs brought the suit alleging Sheeran had infringed Townsend’s copyrights in the 1973 Motown classic, “Let’s Get It On” which Townsend co-authored with Marvin Gaye.

Sheeran had won many hearts with his hit song before the trial, but he may have also won the jury, and thus the case, with an in-court musical demo, audibly illustrating numerous hit songs’ musical similarities.

The case centered on what constitutes “copying”: in evaluating whether a song infringes the copyright in prior songs by other musicians, how much similarity between songs is enough to be considered impermissible “copying”? In other words, where is the line between similarity and infringement? 

In this case, the two songs do not share any of the same lyrics, a common theme, or genre, and the songs, generally, do not sound very alike.  So, you may ask, what exactly was the basis for the alleged infringement?

The registered copyright in “Let’s Get It On” consists of the song’s sheet music (chords, lyrics, and melody) which was deposited with the U.S. Copyright Office in the early 1970s. This is what the Townsend Estate believed was “copied” by Sheeran, pointing to a “smoking gun” video of Sheeran singing “Thinking Out Loud” at a concert where he seamlessly transitioned into a rendition of “Let’s Get it On.” The Townsend Estate argued that this mashup conclusively demonstrated the two songs were substantially similar.

Ultimately, the finding of whether there was infringement hinged on a comparison of just a few chords in the two songs. Sheeran did not dispute that the chords are similar. Rather he took to his more familiar stage, showing up himself in court, guitar in hand, to perform his music chord tutorial. He and his legal team showed that the chords at issue had been used in over 100 prior songs, including some that predate “Let’s Get It On.” Sheeran’s team argued that the chords are everyone’s to use and serve as the “building blocks” for many songs with no single owner.  

After listening to Sheeran’s strumming, it took the jury less than three hours to decide there was no infringement, in favor of Sheeran.

Sheeran’s win is significant, both for him—who threatened to retire from music if he lost what he believed to be a frivolous lawsuit—as well as for other artists currently creating music in the industry who now possess an arsenal to defend themselves and their works against such claims of copyright infringement. A finding in favor of the Townsend Estate would surely have opened a floodgate of copyright lawsuits against many artists perhaps resulting in, what some believe to be, the stifling of the progression of music.

Linda is a Partner at Fishman Stewart, specializing in intellectual property law. Linda focuses mainly on trademark and copyright law, including foreign and domestic prosecution and litigation, as well as agreements and assignments. Check out her full bio here.

Related Content from Fishman Stewart

<a class="eael-grid-post-link" href="https://fishstewip.com/trump-never-surrender-sneakers-could-they-surrender-to-louboutin-red-bottomsfish-tank-newsletter-volume-24-issue-7/" title="Trump “Never Surrender” Sneakers: Could They Surrender To Louboutin Red Bottoms?

Fish Tank: Newsletter Volume 24, Issue 7
">Trump “Never Surrender” Sneakers: Could They Surrender To Louboutin Red Bottoms?
Fish Tank: Newsletter Volume 24, Issue 7

President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.    

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/taylor-swift-deepfakes-make-bad-blood-with-fans-fishbits-mini-article-volume-24-issue-4/" title="Taylor Swift Deepfakes Make Bad Blood with Fans 

FishBits: Mini Article Volume 24, Issue 4
">Taylor Swift Deepfakes Make Bad Blood with Fans 
FishBits: Mini Article Volume 24, Issue 4

The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters. 

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/pokemon-vs-palworld-the-poke-ball-is-in-nintendos-courtfish-tank-newsletter-volume-24-issue-5/" title="Pokémon vs. Palworld – The Poké Ball is in Nintendo’s Court

Fish Tank: Newsletter Volume 24, Issue 5
">Pokémon vs. Palworld – The Poké Ball is in Nintendo’s Court
Fish Tank: Newsletter Volume 24, Issue 5

“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/intellectual-propertys-role-in-shaping-the-super-bowl-experiencefish-tank-newsletter-volume-24-issue-4/" title="Intellectual Property’s Role in Shaping the Super Bowl Experience

Fish Tank: Newsletter Volume 24, Issue 4
">Intellectual Property’s Role in Shaping the Super Bowl Experience
Fish Tank: Newsletter Volume 24, Issue 4

This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/if-you-like-then-you-shoulda-put-a-c-on-it-fishbits-mini-article-volume-24-issue-3/" title="If You Like It Then You Shoulda Put a © on It. 

FishBits: Mini Article Volume 24, Issue 3
">If You Like It Then You Shoulda Put a © on It. 
FishBits: Mini Article Volume 24, Issue 3

Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/detroit-lions-in-copyright-dispute-over-barry-sanders-statuefish-tank-newsletter-volume-24-issue-3/" title="Detroit Lions In Copyright Dispute Over Barry Sanders Statue

Fish Tank: Newsletter Volume 24, Issue 3
">Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3

This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/who-can-read-my-manuscript-fishbits-mini-article-volume-24-issue-2/" title="Who Can Read My Manuscript? 

FishBits: Mini Article Volume 24, Issue 2
">Who Can Read My Manuscript? 
FishBits: Mini Article Volume 24, Issue 2

A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/a-deep-dive-into-submarine-trademark-filingsfish-tank-newsletter-volume-24-issue-2/" title="A Deep Dive Into Submarine Trademark Filings

Fish Tank: Newsletter Volume 24, Issue 2
">A Deep Dive Into Submarine Trademark Filings
Fish Tank: Newsletter Volume 24, Issue 2

One common “leak” in the secrecy of a startup happens upon filing for a new trademark application for the trademark intended to be used for the confidential venture. Trademark snoops scour new trademark application filings for market intelligence

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/the-fellowship-of-fandom-fishbits-mini-article-volume-24-issue-1/" title="The Fellowship of Fandom 

FishBits: Mini Article Volume 24, Issue 1
">The Fellowship of Fandom 
FishBits: Mini Article Volume 24, Issue 1

Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/tom-brady-michigans-greatest-qb-backupfish-tank-newsletter-volume-24-issue-1/" title="Tom Brady: Michigan’s Greatest QB Backup?

Fish Tank: Newsletter Volume 24, Issue 1
">Tom Brady: Michigan’s Greatest QB Backup?
Fish Tank: Newsletter Volume 24, Issue 1

Twenty-six years ago, the Michigan Wolverines won a national championship in football. The greatest quarterback in NFL history, Tom Brady, was on that roster but didn’t start a single game, sitting behind starter Brian Griese.

Read More

IDENTIFYING, SECURING AND ADVANCING CREATIVITY®