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.



‘How to Train Your Dragon’ Tops the US Box Office

This image released by Universal Pictures shows Mason Thames, as Hiccup, riding Night Fury dragon, Toothless in a scene from "How to Train Your Dragon", (Universal Pictures via AP)
This image released by Universal Pictures shows Mason Thames, as Hiccup, riding Night Fury dragon, Toothless in a scene from "How to Train Your Dragon", (Universal Pictures via AP)
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‘How to Train Your Dragon’ Tops the US Box Office

This image released by Universal Pictures shows Mason Thames, as Hiccup, riding Night Fury dragon, Toothless in a scene from "How to Train Your Dragon", (Universal Pictures via AP)
This image released by Universal Pictures shows Mason Thames, as Hiccup, riding Night Fury dragon, Toothless in a scene from "How to Train Your Dragon", (Universal Pictures via AP)

Neither Pixar nor zombies were enough to topple “How to Train Your Dragon" from the No. 1 slot at North American box offices over the weekend. The Universal Pictures live-action remake remained the top film, bringing in $37 million in ticket sales in its second weekend, despite the sizeable new releases of “Elio” and “28 Years Later” , according to studio estimates Sunday. “How To Train Your Dragon” has rapidly amassed $358.2 million worldwide, The Associated Press reported.

Six years after its last entry, the Dean DeBlois-directed “How To Train Your Dragon” has proven a potent revival of the DreamWorks Animation franchise. A sequel is already in the works for the $150 million production, which remakes the 2010 animated tale about a Viking boy and his dragon.

Pixar's “Elio” had a particularly tough weekend. The Walt Disney Co. animation studio has often launched some of its biggest titles in June, including “Cars,” “WALL-E” and “Toy Story 4.” But “Elio,” a science fiction adventure about a boy who dreams of meeting aliens, notched a modest $21 million, the lowest opening ever for Pixar.

“This is a weak opening for a new Pixar movie,” said David A. Gross, who runs the movie consulting firm FranchiseRe. “These would be solid numbers for another original animation film, but this is Pixar, and by Pixar’s remarkable standard, the opening is well below average.”

“Elio,” originally set for release in early 2024, had a bumpy road to the screen. Adrian Molina — co-director of “Coco” — was replaced mid-production by Domee Shi (“Turning Red”) and Madeline Sharafian. Back at Disney’s D23 conference in 2022, America Ferrera appeared to announce her role as Elio’s mother, but the character doesn’t even exist in the revamped film.

Disney and Pixar spent at least $150 million making “Elio,” which didn’t fare any better internationally than it did in North America, bringing in just $14 million from 43 territories. Pixar stumbled coming out of the pandemic before stabilizing performance with 2023’s “Elemental” ($496.4 million worldwide) and 2024’s “Inside Out 2” ($1.7 billion), which was the company's biggest box office hit.

“Elemental” was Pixar's previously lowest earning film, launching with $29.6 million. It rallied in later weeks to collect nearly half a billion dollars at the box office. The company's first movie, “Toy Story,” opened with $29.1 million in 1995, or $60 when adjusted for inflation. It remains to be seen whether “Elio's” decent reviews and “A” from CinemaScore audiences can lead it to repeat “Elemental's” trajectory.

With most schools on summer break, the competition for family audiences was stiff. Disney’s own “Lilo & Stitch,” another live-action remake, continued to pull in young moviegoers. It grossed $9.7 million in its fifth weekend, bringing its global tally to $910.3 million.

“28 Years Later” signaled the return of another, far gorier franchise. Director Danny Boyle reunited with screenwriter Alex Garland to resume their pandemic apocalypse thriller 25 years after “28 Days Later” and 18 years after its sequel, “28 Weeks Later.”

The Sony Pictures release opened with $30 million. That was good enough to give Boyle, the filmmaker of “Slumdog Millionaire” and “Trainspotting,” the biggest opening weekend of his career. The film, which cost $60 million to make, jumps ahead nearly three decades from the outbreak of the so-called rage virus for a coming-of-age story about a 12-year-old (Alfie Williams) venturing out of his family’s protected village. Aaron Taylor-Johnson, Jodie Comer and Ralph Fiennes co-star.

Reviews have been good (90% fresh on Rotten Tomatoes) for “28 Years Later,” though audience reaction (a “B” CinemaScore) is mixed. Boyle has more plans for the zombie franchise, which will next see the release of “28 Years Later: The Bone Temple” next year from director Nia DaCosta.

“28 Years Later” added another $30 million in 59 overseas markets.

After its strong start last weekend with $12 million, A24’s “Materialists” held well with $5.8 million in its second weekend. The romantic drama by writer-director Celine Song and starring Dakota Johnson, Pedro Pascal and Chris Evans has collected $24 million so far.

Next weekend should also be a competitive one in movie theaters, with both “F1,” from Apple and Warner Bros., and Universal’s “Megan 2.0” launching in cinemas.