Does Ed Sheeran’s Legal Victory Significantly Alter the Landscape of Copyright Infringement, or Do We Still Have “Blurred Lines?”
Ed Sheeran Wins Against Copyright Infringement Claims
Copyright infringement is a strict liability offense. In layman’s terms, that means you—or your entity—can be liable for damages regardless of whether you intended to do wrong. With the potential for damages under the Copyright Act including actual damages and lost profits as well as statutory damages ranging from $750 to as much $150,000 per copyright, the risk is substantial.
Copyright Infringement Lawsuit Outcome Created “Blurred Lines” in 2015
For example, in 2015, the heirs of Marvin Gaye successfully sued singer/songwriters Robin Thicke and Pharrell Williams on claims that the duo’s hit “Blurred Lines” ripped off Gaye’s classic “Got to Give It Up.” The verdict and award in favor of Gaye’s heirs – $5.3 Million in damages – turned the music industry on its ear.
Building on that success, the heirs of Marvin Gaye’s co-writer, Ed Townsend, brought suit against Sheeran, his label, and his music publisher, claiming Sheeran’s “Thinking Out Loud” unlawfully copied the “uniquely combined elements” of Gaye’s “Let’s Get It On.” Townsend’s heirs sought $100 Million in damages, lending credence to the old saying, “if there’s a hit, there’s a writ.” With YouTube video showing Sheeran performing a “mix-mash” of the two songs live in concert, a plaintiff’s victory seemed certain.
Ed Sheeran Wins Against on Copyright Infringement Claims
Given this framework, how was singer-songwriter Ed Sheeran and his legal team able to successfully defend against the copyright infringement claims? To begin with, Sheeran testified that when he wrote his original hit “Thinking Out Loud,” he was aware of the Marvin Gaye hit only in passing and that his actual inspiration for the song was Irish hitmaker Van Morrison. But on a more basic level, Sheeran and his attorneys maintained that there are only 4 musical chords and 8 notes that make up the “songwriter’s alphabet.” With more than 60,000 songs released every day, the law of mathematics dictates that these “basic building blocks” of music will inevitably result in songs that sound somewhat similar. Nevertheless, Sheeran’s legal team asserted that these creative building blocks must remain free for all songwriters to use with Sheeran adding that no one person can “own” these four chords and common chord progressions any more than one can own the color blue.
Sheeran’s bid for space to prepare original music using the only “building blocks” available to him and to engage in independent creation without fear of reprisal resounded with the jury and he was cleared of any liability.
The music industry experienced a significant shake up after the decision in “Blurred Lines,” with songwriters giving credit even where it was not due in an effort to avoid civil liability. Whether Sheeran’s win will return the industry to its prior “norms” remains to be seen. Until caselaw provides greater clarity, the best approach is for songwriters—and other creators of original content—to be cautious. The specter of potential copyright infringement remains, with significant risks that cannot be discounted.
Key Takeaways on Ed Sheeran’s Win Against Copyright Infringement Claims
The music industry has seen some shocking outcomes in copyright infringement lawsuits and the 2015 case involving “Blurred Lines” created a significant scare of the potential for strict liability even without an intent to do wrong. Lessons that can be learned from the Sheeran case include:
Defense focused on use of basic building blocks of music which must be available to all;
Not all courts or juries will see arguments in the same manner; and
Since copyright infringement is a strict liability offense, songwriters should be cautious when taking inspiration from others.
For more information about copyright infringement, see our Copyright Litigation and Industry Focused Legal Solutions pages.