MUSICIAN Ed Sheeran’s high-profile copyright trial started earlier this week. The British singer is accused of copying the classic Marvin Gaye song ‘Let’s Get It On’ for his single ‘Thinking Out Loud’.
Dr Alexander Stewart, a music expert who was called in by the plaintiffs on Wednesday, testified to the similarities he perceives in the two songs, saying that the chord progressions “sound very, very similar.”
Sheeran is accused of copying ‘Let’s Get It On’ by the heirs of Ed Townsend, who co-wrote the 1973 hit with Gaye.
Townsend’s daughter Kathryn Townsend Griffin, sister Helen McDonald and the estate of his former wife, Cherrigale Townsend, are the listed plaintiffs in the ‘Thinking Out Loud’ case. Gaye died in 1984 and Townsend died in 2003.
In Stewart’s testimony on Wednesday, he said in his view the two songs “have the same harmonic rhythm,” referring to the rate of change of the chords. In particular, he sees melodic similarities in the verse, chorus, and interlude of Sheeran’s ‘Thinking Out Loud’, he said.
After the first couple of minutes of Sheeran’s attorney cross-examining Stewart, Townsend Griffin’s eyes shut, and legs failed. She was immediately rushed out of the courtroom and taken to the hospital.
Sheeran’s legal team argued that the sounds used in both songs are common in pop music. “No one owns basic musical building blocks,” Farkas told the jury during opening remarks.
In his own opening statement on Tuesday, Townsend’s attorney Ben Crump noted Sheeran played his ballad and Gaye’s song back-to-back in a medley during a concert and called the moment a “smoking gun.”
Sheeran was called to the stand by attorney Keisha Rice, and during his testimony, the musician revealed the idea of creating the medley was “probably mine.” He said if he had indeed copied ‘Let’s Get It On’, then he “would’ve been an idiot to stand on stage in front of 20,000 people.”
In his opening statement, Crump said Sheeran "recognised the magic" of Gaye's song and claimed that he had "decided to capture a bit of that magic for his own benefit".
The trial is expected to last at least one week. If the jury finds the pop star liable for copyright infringement, the trial will enter a second phase to determine how much he owes.
The court case comes as the singer prepares to launch a North American stadium tour and release a new album. – The Vibes, April 27, 2023