Ed Sheeran’s motion to dismiss a copyright lawsuit accusing him of stealing parts of Marvin Gaye’s hit song Let’s Get It On for his song Thinking Out Loud, has been dismissed by a US judge cancel.
British musician facing accusations that key parts of his songs, including chord progressions, were taken from the 1973 hit.
The case is being brought by investment banker David Pullman and Structured Asset Sales (SAS), which acquired part of the assets of Ed Townsend, co-author of Let’s Get It On.
Sheeran’s lawyers have denied the allegations, saying that the combination of elements Sheeran allegedly used was not unique enough to be governed by copyright law.
But a ruling from judge Louis Stanton on Thursday said there were “no clear rules” for their arguments and dismissed their recommendation to bring the case.
A New York jury trial date has yet to be set.
In legal documents obtained by the PA news agency, Judge Stanton wrote: “There is no clear rule that the combination of two indefensible elements is not sufficient to constitute an original work. .
There is no clear rule that the combination of two indefensible elements is not sufficient to form an original work. A work can be copyrighted even though it is purely a collection of indefensible elementsUnited States Judge Louis Stanton
“A work can be copyrighted even though it is purely a collection of elements that cannot be protected.”
He concluded: “Sheeran’s request for summary judgment dismissing SAS’ claim of violation was denied.”
It comes just six months after the music megastar won a similar copyright lawsuit in the UK, which claimed he stole his hit song Shape Of You.
At a trial in March, Sheeran and Snow Patrol’s co-writers John McDaid and producer Steven McCutcheon faced charges that their track cut off a 2015 song by Sami Chokri and Ross O’Donoghue.
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However, Mr Justice Zacaroli concluded that Sheeran “while not knowingly or unconsciously” copied a phrase from the song.
Sheeran and his co-writers were awarded more than £900,000 in legal costs following the win.
In a video message following the April ruling, Sheeran said copyright claims were “too common these days” and “not a pleasant experience”.
The singer added that he hopes that with the ruling in his favor that “baseless claims” can be avoided in the future. “
https://www.independent.ie/entertainment/music/ed-sheerans-request-for-us-copyright-lawsuit-to-be-dismissed-is-denied-42030728.html Ed Sheeran’s request to dismiss copyright lawsuit in the US is denied