Ed Sheeran threatens to quit music if he loses copyright trial

“I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it,” Ed Sheeran shared on the stand Monday

Aux News Ed Sheeran
Ed Sheeran threatens to quit music if he loses copyright trial
Ed Sheeran Photo: Jeff Kravitz/FilmMagic

Despite reports that he wrote seven songs in four hours immediately after finding out his wife had been diagnosed with cancer, Ed Sheeran has formally threatened to be “done” with music for good if he’s found guilty in the ongoing copyright trial comparing “Thinking Out Loud” and Marvin Gaye’s “Let’s Get It On.”

“If that happens, I’m done, I’m stopping,” Sheeran shared when he took the stand Monday (per MailOnline.) “I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it.”

The lawsuit Sheeran currently faces was filed back in 2017 by the heirs of Ed Townsend, Gaye’s co-writer on the 1973 soul classic. The lawsuit alleged that Sheeran’s 2014 hit—which won him a Grammy for Song of the Year in 2016—features “striking similarities” to Gaye’s song and “overt common elements” that constitute a violation of their copyright.

Since the trial kicked off last Tuesday, the Townsends have highlighted live performances where Sheeran segues directly between “Thinking Out Loud” and “Let’s Get It On” as indicators of the songs’ similarities, with attorney Benjamin Crump asserting that the mashup itself constituted “a confession” to copying Gaye.

On the other hand, Sheeran’s legal team has asserted the two tracks share nothing more than a series of chord progressions foundational to pop music, with his attorney Irene Farkas stating last Tuesday that Sheeran “created this heartfelt song without copying ‘Let’s Get It On.’” Sheeran himself that its “quite simple to weave in and out of songs” set in the same key, and that such a transition doesn’t necessarily constitute (as Crump called it) a “smoking gun.”

“If I’d done what you’re accusing me of doing, I’d be an idiot to stand on stage in front of 20,000 people [and do that],” the singer testified.

The Manhattan-based trial, which is expected to last around two weeks, arrives just as Sheeran gears up for a massive North American tour and the release of his upcoming album Subtract. Even if the trial doesn’t end in Sheeran’s favor and he makes good on his promise, at least fans can expect another opportunity to hear him live. Just don’t expect a “Thinking Out Loud”/”Let’s Get It On” medley.

103 Comments

  • aneural-av says:

    Nope, the joke’s too easy

    • tvcr-av says:

      Three replies about the exact same thing, within minutes of the article being posted. Really makes you wonder why they would cover ed Sheeran instead of something the commenters actually like.

      • specialcharactersnotallowed-av says:

        I look forward to commenters suing each other for plagiarism.

      • it-has-a-super-flavor--it-is-super-calming-av says:

        Really makes you wonder why they would cover ed Sheeran instead of something the commenters actually like.

        AV Club have made it clear and evident that they don’t really care about what their readers like.
        Anyone that hasn’t moved on just gotta get used to disappointment.

    • kinjacaffeinespider-av says:

      I see Ed Sheeran standing there, he thinks he’s so original, why don’t he justFUCK OFF?!

    • argiebargie-av says:
    • blpppt-av says:

      But…but…what about the death metal album he promised???!!!

  • chrisschini-av says:

    This is a mixed bag. On one hand, you want Ed to win because of the copyright implications. On the other, you want him to lose so he quits music forever. Tough call.

  • plantsdaily-av says:

    Can we get that in some sort of legally binding form, please? Because I’m not sure my heart can take any more broken promises of hope. 

  • cinecraf-av says:

    Promise?

  • benlantern3-av says:

    I was listening to a radio show the other day that played snippets of both songs and it was pretty stark. Listen, I get that there are only so many chord changes and structures but to play it at the same tempo and inject the same mood is enough to make one blush.

    • browza-av says:

      Let’s Get It On is faster. The melody and lyrics are different. You can’t copyright a chord progression. It will be a disaster if he loses. And I doubt he will.

      • xxxxxxxxxx1234-av says:

        Online searches say 79 bpm for Thinking Out Loud vs. 82 bpm for Let’s Get It On. Faster, yes, but barely — the kind of difference a slightly amped-up drummer might account for.

    • jomahuan-av says:

      could this whole thing have been avoided if he had just given some credit? it’s obvious that the two sound alike. people have given credit for less (see: rolling stones and k.d. lang).

      • mrfurious72-av says:

        Maybe, but there’s no reason why he should have to, for the reasons BenLantern and browza cite above. Credit shouldn’t be given where none is deserved, and none is deserved in this case. I agree with browza that a finding against Sheeran would be disastrous.

      • mifrochi-av says:

        The Rolling Stones lifted the chorus from a kd lang song and changed the lyrics – the melody is very distinctive. With these songs, there’s some similarity in the strumming pattern and drums, but they have different melodies and totally different hooks (“Let’s Get It On” builds to a smooth delivery of the title line, while “That Song From the Grocery Store” builds to the staccato “we found love” bit). 

      • benlantern3-av says:

        I mean for me, which matters less than zero (thanks, Elvis), a little bit of acknowledgement goes a long way.
        Part of my issue was Sheeran’s insistence that it was all him and he is this perfect artiste that just should not be questioned was off putting. Like…my guy, you’re writing pop songs you can admit that you’ve been influenced before, stop being such a nipple.What makes me side with him a bit was that this was Marvin Gaye’s estate and I first learned about them by looking up the word litigious on dictionary.com

    • slider6294-av says:

      The chord progressions are similar and done in tons of songs though. The great Rick Beato did a video on this, worth a watch on YT.

      (5) UPDATE: Ed Sheeran vs Marvin Gaye Lawsuit – YouTube

  • kinjacaffeinespider-av says:

    He even plays a cute little hobbit-sized guitar!

  • i-miss-splinter-av says:

    “If that happens, I’m done, I’m stopping,” Sheeran shared

    One can only hope.
    “I find it really insulting to devote my whole life to being a performer and a songwriter and have someone diminish it.”

    Then stop ripping off other artists. This isn’t the first time Sheeran’s been accused of this. He’s already had to share credit on The Shape Of You with TLC.

    • kinjacaffeinespider-av says:

      Let’s pile on another lawsuit, I hear Robbie Robertson is a notorious prick

    • paulfields77-av says:

      Which must have cost him a fortune seeing as that song was used in a major TV ad campaign in the UK for Marks & Spencer food. Amusingly M&S have decided that the perfect tune for flogging their summer clothing range this year is “Enola Gay”.

  • cannabuzz-av says:

    Are you listening, God?

  • dirtside-av says:

    [insert joke about how Sheeran sucks and we’d be better off if he quit music, even though I’ve never listened to any of his music and don’t actually have a negative opinion of him, but it’s fun to jump on bandwagons and pretend like it makes me cool to hate things, and surely no one else here is doing this, right?]Anyway, the bar for copyright infringement in music is way too fucking low.

    • drew8mr-av says:

      I mean, white dude under 50 with an acoustic guitar that doesn’t play some sort of roots or world music is a giant red flag for me usually.

      • dirtside-av says:
      • popculturesurvivor-av says:

        I’m also okay with bearded dudes who play heavily modified guitars and make noisy records that critics claim “deconstruct the idea of the guitar solo.” I mean, those records are usually borderline unlistenable, but at least they try to push the envelope a little.

        • drew8mr-av says:

          If it an electric guitar I wouldn’t think twice. My SO says he looks like someone put Rupert Grint in the dryer with a muppet  though, which I think is kind of funny.

          • nostalgic4thecta-av says:

            He looks like Boris Johnson smoked weed once and it turned him ginger. 

      • kman3k-av says:

        WTF does that even mean?

    • monochromatickaleidoscope-av says:

      So, so very much agreed. The Blurred Lines fiasco, and then all the people coming out of the woodwork to get on Olivia Rodrigo songs, it’s way out of hand. Popular music is too simple for things like “the vibe” to be cause for copyright infringement.

    • kinjacaffeinespider-av says:

      Don’t forget: he’s ginger.

  • iluvtoyz-av says:

    ClarksonOhNoAnyway.jpg

  • soveryboreddd-av says:

    Why is he popular again they are better singer/songwriters out there. It’s not based on his looks because he looks like a Hobbit. He’s not unique he’s just a white dude with guitar.

  • reformedagoutigerbil-av says:

    I don’t believe all gingers are soulless, just Ed Sheeran.

  • presidentzod-av says:

    Promises, promises Edward.

  • pocrow-av says:

    And I will quit working at Taco Bell if one more person complains about finding my pubic hair in the chalupas.

    So stop diminishing my career!

  • argiebargie-av says:

    No takesy-backsies, Ed.

  • dancalling-av says:

    If every chord progression can only be used once per musical style, there isn’t going to be much left for future generations to work with and we’ve probably entered the clownpenis.fart stage of music (“Our lawyers recommend throwing a Bb Dim7 chord in the middle there, you’ll barely notice it.”)

  • south-of-heaven-av says:

    I know there are going to be a lot of “Don’t let the door hit you in the ass on the way out!” comments, but Ed Sheeran is right. This lawsuit is bogus & Marvin Gaye’s family is ruining creativity in music with this bullshit.

    • roomiewithaview-av says:

      Not Marvin’s family this time. This was written by outside songwriters (which I was very surprised to find out). Having said that, the Gaye family’s suit regarding Blurred Lines was the bullshit that got this ball rolling (there’s a mixed metaphor for ya’!), and I don’t like Robin Thicke even a little bit (although I do like Pharrell).

    • badkuchikopi-av says:

      I don’t think it is Gaye’s family? I’m basing this on something I overheard on a TV in the deli, but I believe it’s the other guy who had a writing credit on the song’s estate doing the suing.

    • grantagonist-av says:

      > Marvin Gaye’s familyRead the article, brah

    • eatshittoday-av says:

      This is the correct take. i love to shit on sheeran but the whole claim is bogus.

    • it-has-a-super-flavor--it-is-super-calming-av says:

      Obligatory:
      Honestly, they probably shouldn’t be going after him for copyright violation. This is more of a “you didn’t ask permission or pay royalties for playing a cover of our song in concert” deal, and then they could also imply that his medley of both songs was to compare them indicating that he deliberately copied “Let’s get it on” in his own song.
      While this case doesn’t help the music industry, I have to concede the Townsend estate have a case.

      • fuckthelackofburners-av says:

        Someone on the Root posted the sheet music side by side. No parts look identical. If I were on the jury and saw that, it’s over.  

        • it-has-a-super-flavor--it-is-super-calming-av says:

          That’s a good point. And yet listening to the songs side-by-side in the video, I can hear similarities. But like I said, this probably shouldn’t be a copyright case. If you make money covering someone else’s song, then some percentage of royalties are usually due. And at the very least Sheeran should have asked permission before going live with this medley in concert. 

          • bikebrh-av says:

            I’m pretty sure that it is standard practice for touring acts that do covers to send something in to ASCAP or BMI. I’m not sure if they send in set lists so they can be billed, or if they pay up front, but I’m pretty sure they do something. IOW, they are getting paid for Sheeran doing that cover, but not for him doing his own song.

          • it-has-a-super-flavor--it-is-super-calming-av says:

            And that’s what rubs me the wrong way. If they’re already getting paid royalties for the cover, then I’d assume they know the context of the cover (they’ve given permission to it) and so suing for plagiarism is just mean spirited. 

          • kman3k-av says:

            Listen to Flowers by Miley Cyrus, sounds a whole lot like another song from a popular artist a few years back…doesn’t it? Just a recent example that comes to mind.Granted, I have no idea if there was some agreement with former artist, etc, but still, lots of pop music sounds uber similar, to anyone with a moderately discerning ear or cursory music theory knowledge.

      • killg0retr0ut-av says:

        Musicians don’t need permission to play a cover song during a live concert, but if you release that concert as an album, only then would you need permission and pay royalties. I’m a big fan of Phish, and they usually play one or two covers every show, and they’ve never been sued as far as I know. If anything, bands that get covered should be grateful for the free exposure.

      • kman3k-av says:

        No, they do not have a case actually. Or, they do, but it’s 100% horseshit.Just look at the actual sheet music and you can see all the differences.The fact that key and chord progression is similar is just, idk, pop music in the last 50 years.Most of it sounds very similar.

  • slappybluelipps-av says:

    Heaven Forefend!

  • adamtrevorjackson-av says:

    everyone in the comments should sue each other for stealing the same joke.

  • smittywerbenjagermanjensen22-av says:

    Just please don’t throw me in the briar patch, Ed Sheeran! 

  • jrobie-av says:

    This is the worst thing that a member of Marvin Gaye’s family has ever done to a musician.

  • eatshittoday-av says:

    I mean, devote as many lifetimes as you want.Still won’t be very good bruh.

  • MisterSterling-av says:

    Gaye’s family has been ruining everything for nearly 10 years now. And Ed, you can quit now, my ginger non-artist. The UK has real bands right now like Dry Cleaning, The Smile and Shame. And we in the US have Boygenius, Caroline Polachek and Weyes Blood. You would not be missed. 

  • tdod-av says:

    Ok, I’m not what you’d call a fan of Sheeran’s, but I did get end up going to one of his concerts and was surprised to see that the entire setup (on that tour, anyway) was just him and some loop stations. Reminiscent of Bob Schneider, except at an arena level. I can’t think of any other artists on that level who do likewise, but I’m hardly an expert.

    • skerpaderpadoodoopoopoo-av says:

      Check out Steel Beans. Dude does the same thing,  but plays guitar and drums at the same time. 

    • killg0retr0ut-av says:

      Keller Williams has been playing one-man shows, and plenty of collabs, since the 90’s. Maybe not in arenas, but he was a pioneer of looping. Check him out!

  • iambrett-av says:

    I really hope Sheeran wins this one. Not because I really give a shit about Ed Sheeran, but I hate the impact that the wretched “Blurred Lines” case has had on music copyright since the early 2010s, and would love for some pushback on it in court.

  • anathanoffillions-av says:

    There is a really fun part in the documentaries that are special features on “Brazil” where they talk about expecting a huge $$$ hit from the fact that the entire score was the song “Brazil.” But, instead, the copyright owners hired an actual musicologist (I may get some details wrong, been a while) and he found that only a small percent of the music was actually copying the song…in the other cases he found that changing the keys, timing between the notes, using unfamiliar instruments, all distinguished the score from the original song. The movie finally found a place it saved money :)Meanwhile in this courtroom we have ordinary people saying if it sounds enough like it. Now, usually when somebody gets bit in one of these they deserve it…I love George Harrison but that sure does sound like “He’s So Fine” and Pharell and Robin Thicke deserve eternal damnation for “Rapey Lines” so paying Gaye’s family is the least they could do (plus they had Pharell saying “let’s make a song that sounds like ___” or whatever). But here “laid back and soulful vibe” just does not sound technical enough.  I don’t know if the common ear is a strong enough measure even with expert help.  I also think if you’re dead your copyrights should lapse and that it’s a dead hand from beyond the grave stifling progress.

  • thegobhoblin-av says:

    He can always get a new part on Game of Thrones.

  • taosbritdan-av says:

    At last some good news

  • gurneyhalleck-av says:

    If he keeps making bland, beige, music it’s going to end up sounding like one of someone else’s songs *eventually*.

  • ragsb-av says:

    oh…..no…..don’t do that! that said I do find this particular lawsuit absurd 

  • needle-hacksaw-av says:

    I, for one, root for Ed. That said, I have literally never heard one of his songs (it’s so easy to stay inside one’s musical bubble these days).
    My only point of reference to Mr Sheeran is something MacKenzie Crook’s said in the Detectorists Making-of. He’s admiring how all the people in the Suffolk hamlet they were shooting in were distinctively chill when it came to celebrities — due to a certain Mr Sheeran living there.
    So, for all I know, Mr Ed Sheeran is a nice lad, humbly staying true to his roots even though, as I hear, he has more than a moderate amount of success in the wider world. Go, humble Ed, go.

  • terranigma-av says:

    Yes please, middle-aged white man.

  • dadamt-av says:

    All of his singles sound like other, better, more famous songs. “Plagiarist” may be too strong a term for what he is, but he’s still a hack fraud. 

  • nogelego-av says:

    If he loses this, then Paul McCartney has a slam dunk case against the remaining members of TLC for their song “Waterfalls”

  • aaronvoeltz-av says:

    Oh, noooo… (yawn) Sorry, that’s just my allergy medication combined with one of his boring songs.

  • jpfilmmaker-av says:
  • tanyasharting-av says:

    I miss the days of the old AVC when commenters made original jokes. 

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