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Ed Sheeran will face trial for his song “Thinking out loud”

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A federal judge has taken legal action against British singer Ed Sheeran for allegedly taking elements of Marvin Gaye’s song “Let’s get it on” for his track “Thinking out loud,” featured on his 2014 album “x.” .

British singer Ed Sheeran will have to face a jury to defend his 2014 song “Thinking out loud”, after he was accused of -allegedly- infringing copyright by taking elements from “Let’s get it on”, a song by Marvin Gaye original from 1973.

Federal Judge Louis Stanton, of Manhattan, said that a trial will be necessary to resolve the situation: “There is no clear rule that says that the combination of two unprotectable elements is not numerous enough to constitute an original work. A work may be eligible for copyright protection even if it is entirely a compilation of non-protectable elements”. Although no trial date has been set, Structured Asset Sales, which owns a third of the song’s authorship (written by Ed Townsend), is seeking $100 million in damages.

Ed’s troubles over “Thinking Out Loud” (which hit No. 2 on Billboard’s Hot 100) began in 2016 when he was sued by Townsend’s family, but the case was dismissed a year later. In 2018, demand arose again when Structured Asset Sales obtained its share of authorship; they argue that Sheeran’s song uses, through his chord progression, “melodic, harmonic, rhythmic, instrumental and dynamic elements” taken from Marvin Gaye’s theme, considered a classic in the R&B genre.

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