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LET'S GET IT ON: SHEERAN CASE GOES TO TRIAL

Did Ed Sheeran nick Marvin Gaye’s “Let’s Get It On” for “Thinking Out Loud?” The much-anticipated court case starts today in New York with jury selection and opening statements.

As The New York Times reported today (4/24), the case has the potential to set precedent in terms of “how much or how little of the work of pop songwriters can be protected by copyright,” especially on the heels of the “Blurred Lines” and Led Zeppelin verdicts.

The case was filed in 2016 by the daughter, sister and estate of the former wife of “Let’s Get It On” songwriter Ed Townsend. Townsend, who died in 2003, was the primary songwriter and owned two-thirds of the royalties from the song.

Since it was composed and recorded prior to 1978, only the contents of the sheet music submitted to the Copyright Office are protected. The notation for “Let’s Get It On” is chords, lyrics and a vocal melody; the bass line and opening guitar riff are absent.

The case will boil down to how a jury rules on the nearly identical chord progressions of the two songs. Lawyers for Sheeran, who lost an earlier similar case, have argued that the chords are “generic building blocks.” The plaintiffs contend that the specific use of the chords in “Let’s Get It On” are original enough to be protected by copyright.

For further details about Griffin v. Sheeran, click here. Speaking of "generic building blocks," please enjoy The Axis of Awesome's oh so relevant "4 Chords." You're welcome.


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