Ed Sheeran’s hit Shape Of You is “coincidental” and has a “particular difference” from another artist’s song he allegedly copied, a music expert told a session copyright court.
American forensic musicologist Anthony Ricigliano concluded in a report that it is “objectively unlikely” that any similarities between the 2017 song and Sami Chokri’s Oh Why “are due to plagiarism.” .
Mr Sheeran denied that Shape Of You mutilated the 2015 song of Mr Chokri – a mean artist performing under the name Sami Switch.
Mr. Chokri and co-writer Ross O’Donoghue consider the central verse of “Oh I” in the song by Mr Sheeran and his co-writers to be “very similar” to the chorus “Oh Why” in the composition. theirs.
Mr Ricigliano gave evidence of his analysis of the two songs at an ongoing trial in London on Wednesday.
Lawyers for Mr Chokri and Mr O’Donoghue allege that when the tunes of two songs are converted to the same key “the progression of the notes is the same”.
They also claim the rhythms of the songs’ tunes are “virtually identical”, their use of the instrument “creates strikingly similar sounds and textures”, and the vowels in the melody are The melody is sung “increasing the similarity in sound and musical texture”.
Mr Ricigliano, who was mentored by the Shape Of You co-writer’s lawyer but told the court he was “completely impartial”, said in a report that he considered the alleged level of similarity between the two songs to be “excessive”.
He writes that “the overall design and musical development of the melodious, harmonious, and lyrical content in the relevant phrase in Shape of You are distinctly different from those used in Oh Why.” .
Mr. Ricigliano added: “Such similarities, when put in context, are not in my view relevant to the accusation of copying from Oh Why.
“They are common expressions, both in usage by other writers and by Mr. Sheeran himself.
“Therefore, my view is that it is objectively unlikely that any similarities due to duplication will occur.”
Mr. Sheeran argued in his written evidence that the phrase Oh I in his song using “a basic pentatonic pattern” was “absolutely common”.
In his report, Mr. Ricigliano paraphrased a quote by composer Leonard Bernstein, writing: “The pentatonic scale is mankind’s favorite scale and is so well known that examples can be found. about it from all corners of the Earth.”
In court, Andrew Sutcliffe QC, representing Mr. Chokri and Mr. O’Donoghue, asked the expert: “You do not accept Mr. Ricigliano that despite all his research he did not find any examples in any corner of the earth over the past 200 years that sounds like the chorus in Oh Why and the following chorus in Shape Of You. “
“That’s right,” said Mr. Ricigliano.
“Don’t you find this unusual?” Mr. Sutcliffe asked, and the expert replied: “No”.
The lawyer described the two song phrases as appearing “months apart” and suggested that they sound “nearly the same”.
“I would disagree with the characterization,” said Mr. Ricigliano, adding that both are “coincidences” and have “special differences”.
The expert says that from his analysis of Sheeran’s work, there is “nothing in it that he has done that does not reflect what he has done before”, adding that his conclusion he is “this is written by him and his associates”.
Another music expert, Christian Siddell, who was mentored by Mr Chokri and Mr O’Donoghue’s lawyer, will give evidence on Wednesday afternoon.
The three Shape Of You co-writers – Mr Sheeran, Snow Patrol’s John McDaid and producer Steven McCutcheon – launched legal proceedings in May 2018, asking the Supreme Court to declare they did not infringe the copyright. rights of Mr Chokri and O’Donoghue.
In July 2018, Mr Chokri and Mr O’Donoghue made their own claims for “copyright infringement, damage and profit accounts related to the alleged infringement”.
The trial before Mr Justice Zacaroli continues, with a verdict expected at a later date.
https://www.independent.ie/entertainment/music/ed-sheerans-shape-of-you-coincidentally-similar-to-song-by-another-artist-41454116.html Ed Sheeran’s Shape Of You ‘accidentally resembles another artist’s song’