Ed Sheeran news – live: Singer releases new album Subtract after winning Marvin Gaye lawsuit
Singer had been fighting a lawsuit in New York after being accused of plagiarising Marvin Gaye’s ‘Let’s Get It On’ for his 2014 single ‘Thinking Out Loud’
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Ed Sheeran has released his new album Subtract, just hours after winning his latest copyright lawsuit.
A Manhattan jury found on Thursday 4 May that the British singer-songwriter did not plagiarise Marvin Gaye’s 1973 song “Let’s Get It On” for his 2014 single “Thinking Out Loud”.
Sheeran had been sued by the heirs of Ed Townsend, the songwriter who composed the slow jam classic with Gaye.
They accused Sheeran’s song of copying the anthem’s harmonic progressions as well as melodic and rhythmic elements without permission.
In a defiant statement after the verdict, Sheeran said he would not “allow myself to be a piggy bank”.
The lawsuit was initially filed in 2017, but took six years to finally reach a Manhattan federal court.
Sheeran vehemently denied plagiarising “Let’s Get It On”. His lawyers argued that the song used common constructions found in many pop tracks.
He told the court earlier this week that, should he lose, he planned on quitting music.
Read The Independent’s review of Subract here.
Ed Sheeran reveals plans for posthumous album
Ed Sheeran has revealed his plans for a posthumous album.
The 32-year-old singer, who is set to release his last mathematical album Subtract (-) this week, said he’s been working on a secret album that will be released upon his death.
“I want to slowly make this album that is quote-unquote ‘perfect’ for the rest of my life, adding songs here and there,” Sheeran told Rolling Stone. “And just have it in my will that after I die, it comes out.”
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When will the verdict arrive?
A source close to Sheeran told The Independent that the verdict is expected today. It could have huge repercussions given reports that the musician told the court this week that, should he lose, he plans on quitting music.
Sheeran also faces another lawsuit from the owner of Gaye’s song
In the same New York City court, investment banker David Pullman – who owns one-third of Gaye’s “Let’s Get It On” – is also suing Sheeran for copyright infringement.
A judge ruled last year that this lawsuit would also proceed to trial despite Sheeran’s motion for dismissal.
What part of the song is under copyright?
Given that Marvin Gaye’s “Let’s Get It On” was released in 1973, it is restricted to the copyright laws for songs made before 1978, which for many leaves protection for only the contents of the sheet music submitted to the Copyright Office.
For Gaye’s anthem, the only portions protected include chords, lyrics and vocal melody. Meanwhile, other important aspects, such as its bass line and opening riff, were left out.
Therefore, the lawsuit can really only dispute the chord progressions between the two songs.
Sheeran’s lawyer says case ‘should never have been brought’
It’s time for both sides’ lawyers to give closing arguments.
Sheeran’s attorney Ilene S Farkas begins by saying the trial should “never have been brought”.
“Ed Townsend did not create these basic musical building blocks. Ed Townsend was not the first songwriter to use and combine these elements. It was not original,” she says.
Video: Listen to Ed Sheeran’s ‘Thinking Out Loud’ alongside Marvin Gaye track
Hear the songs at the centre of the trial...
What other copyright cases has Sheeran been embroiled in?
In 2016, Sheeran was faced with his first copyright infringement lawsuit, from the pair of songwriters behind “Amazing”. The writers sued Sheeran, claiming that his hit track “Photograph” copied aspects of their song, which had been performed by The X Factor winner Matt Cardle.
A year later, the case was settled and the songwriters were then added to the credits of Sheeran’s 2014 track.
In 2017, Sheeran won his second copyright trial over his popular 2017 song “Shape of You”.
Sheeran’s trial coincided with the release of his emotional documentary
In the Disney+ series, it was revealed that Sheeran “wrote seven songs in four hours” after wife Cherry Seaborn’s cancer diagnosis.
Seaborn, 30, was diagnosed with a tumour in 2022, during her pregnancy with her and Sheeran’s second child.
“We had the diagnosis of the tumour and the next day, Eds went down into the basement and wrote seven songs in four hours,” said Seaborn.
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Ed Sheeran ‘wrote seven songs in four hours’ after wife Cherry’s cancer diagnosis
Singer-songwriter put his feelings directly into musical form
Sheeran missed grandmother’s funeral in Ireland this week due to trial
Sheeran’s grandmother’s funeral took place in Ireland on Wednesday (3 May). The singer’s father confirmed that his son had to miss the occasion to attend his ongoing trial in New York.
“I am very sad that our son Edward is unable to be here today. He’s so upset that he cannot be present,” he said.
Read more:
Ed Sheeran missing his grandmother’s funeral due to copyright trial
‘Our son Edward... has to be thousands of miles away in a court in America defending his integrity,’ father said during eulogy
What impact could the outcome of this case have on the industry?
On Twitter, people have been speculating about the wider repercussions this case could have.
“I have no skin in the game,” wrote on social media user. “In my opinion, I don’t think Ed Sheeran is a great singer at all. But if he loses that lawsuit to Marvin Gaye’s estate, that’s bad for the music industry. I mean, who’s next? The two songs ‘Thinking Out Loud’ and ‘Let’s Get It On’ are totally different.”
Another added: “Hey uhhh idc how you feel about Ed Sheeran, if he loses this case, it will permanently change the music industry :) if you can copyright chord progressions, that is the end of songwriting as we know it :).”
A third posted: “Honestly, if Ed Sheeran loses this case, other artists are at risk of being sued over chord progressions too. The music industry is gonna plummet.”
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