The Supreme Court declined to reconsider Ed Sheeran’s song “Thinking Out Loud.”
This decision came as a response to an appeal concerning the rights of some songs dating back to 1973.
A lower court had previously ruled that Sheeran was not guilty of copyright infringement, determining that his 2014 track did not unlawfully borrow from older hits since those songs were too widely known to qualify for legal protection.
Judge Michael Park of the Second Circuit Court of Appeals noted, “Even when taken together, the specific chord progression and rhythmic patterns are too indeterminate to warrant copyright protection.” He added that the plaintiffs failed to contest evidence suggesting these musical elements are found in the well-known song “Let’s Get It On.”
The judge further stated that reasonable listeners could not conclude that the two songs were significantly alike considering their differing melodies and lyrics, thereby affirming the lower court’s ruling.
The structured asset sales, owned by investment banker David Pullman, holds about 11% of the rights to these older songs, and the lawsuits against Sheeran will not be dismissed.
Hillel Parness, an attorney for the structured asset sales, has argued that the law concerning copyright claims in this context is inconsistent and deserves attention from the Supreme Court.
“The rights of numerous legacy musicians and composers, whose works have shaped popular music, are central to this discussion,” Parness mentioned.
Sheeran had previously triumphed in another copyright case involving Ed Townsend’s family, where it was concluded that he did not take any crucial components from the song.
Following that ruling, Sheeran expressed that such lawsuits should not be pursued. “I’m just a guy who loves writing music with my guitar for people to enjoy,” he remarked at the time. “I refuse to let anyone use me as a cash cow.”
