The U.S. Supreme Court on Monday declined to revive a copyright lawsuit accusing British singer Ed Sheeran of copying elements from Marvin Gaye’s 1973 hit “Let’s Get It On” in his 2014 song “Thinking Out Loud.”
Structured Asset Sales, a company owned by investment banker David Pullman with a stake in Gaye’s song, had appealed a lower court’s dismissal of the case. The lawsuit had sought damages from Ed Sheeran, his record label Warner Music, and Sony Music Publishing over alleged similarities in melody, harmony, and rhythm between the two tracks.
Gaye, who passed away in 1984, co-wrote “Let’s Get It On” with Ed Townsend, who died in 2003. “Let’s Get It On” topped the Billboard charts, while “Thinking Out Loud” reached No. 2 in 2015. Structured Asset Sales owns a portion of the copyright to “Let’s Get It On” that previously belonged to Townsend.
U.S. District Judge Louis Stanton ruled in 2023 that the musical components in question were too generic to qualify for copyright protection. That decision was later upheld by the 2nd U.S. Circuit Court of Appeals, which also dismissed the company’s claim that elements outside the officially registered sheet music should have been considered.
In a related 2023 trial brought by Townsend’s heirs, a Manhattan federal jury ruled in favor of Ed Sheeran.
“It’s devastating to be accused of stealing someone else’s song when we’ve put so much work into our livelihoods,” Sheeran said outside the courthouse after that verdict.
Structured Asset Sales has since filed a new lawsuit against Sheeran based on its rights to the audio recording of “Let’s Get It On.” That case remains on hold.
