Ed Sheeran testifies in Marvin Gaye plagiarism case: “That concert video is a confession”

A lawyer for Marvin Gaye’s co-writer’s heirs told jurors he had “smoking gun” proof that Ed Sheeran’s “Thinking Out Loud” copied aspects of Gaye’s soul smash “Let’s Get It On.”

The British artist appeared in court on Tuesday (25 April) in New York as attorneys for the plaintiffs and defense exchanged opening comments.

The heirs of Ed Townsend, the lyricist who wrote the anthem alongside Gaye, have sued Sheeran. They claim that Sheeran’s 2014 song “Thinking Out Loud” copied the harmonic progressions, melodic and rhythmic components from “Let’s Get It On” without authorization.

On Tuesday, plaintiff’s attorney Ben Crump stated he had a “smoking gun” in the shape of a fan video from a previous Ed Sheeran event in which the singer performs a “mash-up” of “Thinking Out Loud” and “Let’s Get It On.”
The video is available to watch on YouTube.

“That concert video is a confession,” said Crump, who is best known for representing the family of George Floyd.
Sheeran’s lawyer Ilene S Farkas, said that the video does not indicate copyright infringement and that Sheeran frequently makes mash-ups during his live acts.

Farkas said Sheeran and co-writer Amy Wadge “created this heartfelt song without copying ‘Let’s Get It On.’”
The first witness in the case was Kathryn Townsend Griffin, daughter of Ed, who praised Sheeran as “a great artist with a great future” but said she had to “protect my father’s legacy”.

The chord pattern and basic music building blocks of Sheeran’s song are common and did not exist first in “Let’s Get It On,” according to his lawyer.

Since its release in 1973, “Let’s Get It On” has been heard in countless films and commercials as well as hundreds of millions of streaming, spins, and radio plays. In 2016, “Thinking Out Loud” received a Grammy for song of the year.