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Ed Sheeran Beats Copyright Appeal over ‘Thinking Out Loud’ Song

Singer Ed Sheeran performs on NBC's "Today" show at Rockefeller Center in New York, US, June 6, 2023. (Reuters)
Singer Ed Sheeran performs on NBC's "Today" show at Rockefeller Center in New York, US, June 6, 2023. (Reuters)
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Ed Sheeran Beats Copyright Appeal over ‘Thinking Out Loud’ Song

Singer Ed Sheeran performs on NBC's "Today" show at Rockefeller Center in New York, US, June 6, 2023. (Reuters)
Singer Ed Sheeran performs on NBC's "Today" show at Rockefeller Center in New York, US, June 6, 2023. (Reuters)

Ed Sheeran, his record label Warner Music and music publisher Sony Music Publishing persuaded a US appeals court on Friday to uphold a decision that his 2014 hit "Thinking Out Loud" did not illegally copy Marvin Gaye's 1973 classic "Let's Get It On."

The 2nd US Circuit Court of Appeals in Manhattan agreed with a lower-court judge's dismissal of a lawsuit from Structured Asset Sales, which owns rights to the Gaye song that previously belonged to co-writer Ed Townsend.

Structured Asset Sales' owner - investment banker David Pullman - said the company was reviewing all of its options after the decision.

A lawyer and spokespeople for Sheeran and the other defendants did not immediately respond to similar requests.

In May 2023, Sheeran defeated a separate copyright lawsuit by Townsend's heirs, who own a separate share of his interest in "Let's Get It On," in a closely watched jury trial.

SAS sued Sheeran in 2018. US District Judge Louis Stanton dismissed its case following the verdict in the heirs' case.

Stanton found that the musical elements Sheeran allegedly copied were too common to merit copyright protection.

The appeals court agreed, saying that protecting the elements could stifle creativity, and that Sheeran's and Gaye's songs were not similar enough for Sheeran's to have infringed on SAS' copyright.

It also rejected the argument that Stanton should have reviewed Gaye's actual recording, which according to Pullman included key elements that Sheeran copied, rather than focus on the song's sheet music deposited with the US Copyright Office.

SAS has filed another lawsuit against Sheeran based on its rights in Gaye's recording. That case is currently on hold.

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Director Steve McQueen Shows War through Child’s Eyes in New Film ‘Blitz’

This image released by Apple TV+ shows Saoirse Ronan, left, and Elliott Heffernan in a scene from "Blitz." (Apple TV+ via AP)
This image released by Apple TV+ shows Saoirse Ronan, left, and Elliott Heffernan in a scene from "Blitz." (Apple TV+ via AP)
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Director Steve McQueen Shows War through Child’s Eyes in New Film ‘Blitz’

This image released by Apple TV+ shows Saoirse Ronan, left, and Elliott Heffernan in a scene from "Blitz." (Apple TV+ via AP)
This image released by Apple TV+ shows Saoirse Ronan, left, and Elliott Heffernan in a scene from "Blitz." (Apple TV+ via AP)

Oscar winner Steve McQueen had long wanted to make a movie about the Blitz - Germany's wartime aerial bombing of British cities - but it was seeing a photo of a Black boy waiting to be evacuated that inspired him to explore the theme through a child's eyes.

His film "Blitz" is based on thorough research and true events, the British director of "12 Years a Slave" and "Hunger" told Reuters in an interview.

While researching another project, he came across the photo of the boy at a train station - one of hundreds of thousands of British children to be evacuated from towns and cities during World War Two.

The film stars Saoirse Ronan as Rita, a Londoner who sends her son George, played by newcomer Elliott Heffernan, to the countryside for safety during the war. But George is determined to return home despite the dangers ahead.

Many of the characters and events George encounters are based on extensive research and documented by author Joshua Levine, who joined the project as a historical adviser, said McQueen.

"I thought, 'you've got to get it right'," McQueen said.

"In fact, the research sort of just propelled me and inspired me to the story and George's odyssey through London at that time. It was exciting because you found all these characters, all these facts, which most people unfortunately didn't know, and you want to sort of illuminate them on screen."

The Blitz - from the German word Blitzkrieg, or "lightning war" - lasted from Sept. 1940 until May 1941. For Britons it conjures up images of Londoners huddling in underground shelters and rallying to battle blazes and rescue people from the rubble.

McQueen said he had discovered a diverse, "quite cosmopolitan" London through his research.

"There was a large Chinese community and there was a Black presence. There was all kinds of presence here in London. I wasn't trying to push some kind of narrative. It was just what one found within the sort of everyday of London," he said.

Like George, 11-year-old Heffernan embarked on a transformative journey with the movie.

"It was a big adventure being on my first film, seeing how films are made and going out on different locations," said Heffernan, who was nine at the time of shooting.

The movie also proved new territory for four-time Oscar-nominee Ronan, who spent months working with a vocal coach to prepare for scenes which see her singing live.

"It's the kind of thing I've always been terrified to do in front of everyone, but I've always wanted to do it," Ronan, 30, told Reuters.

"It was incredible to see how strong you can become at something that you're just not a professional at after a few months. It gave me a lot of confidence."

"Blitz" is out in select cinemas on Nov. 1 and will stream on Apple TV+ from Nov. 22.