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.



Beyoncé's Performance Highlighted Netflix's NFL debut on Christmas Day

 32-time Grammy winner Beyoncé. (The AP/File Photo)
32-time Grammy winner Beyoncé. (The AP/File Photo)
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Beyoncé's Performance Highlighted Netflix's NFL debut on Christmas Day

 32-time Grammy winner Beyoncé. (The AP/File Photo)
32-time Grammy winner Beyoncé. (The AP/File Photo)

Beyoncé provided more excitement than either game during Netflix’s NFL debut on Christmas Day.

Riding into her halftime appearance on a white horse, the 32-time Grammy winner rocked her hometown Houston crowd with a nearly 13-minute performance on Wednesday.

She surprised fans by bringing along Shaboozey to perform “Sweet Honey Buckiin” and Post Malone joined her for “Levii's Jeans.”

The action on the field didn't live up to expectations as the NFL showcased four of the AFC's top five teams, The AP reported.

Patrick Mahomes and Travis Kelce exposed a glitch in Pittsburgh's defense during Kansas City's 29-10 rout in the first game.

The broadcast itself went off just fine, quickly becoming the second-most popular live title on Netflix to date, according to NFL Media.

Lamar Jackson and the Ravens led C.J. Stroud and the Texans to 17-2 at halftime before Beyoncé stole the show.

Mariah Carey opened Wednesday’s doubleheader with a taped performance of “All I Want for Christmas is You” and then the two-time defending Super Bowl champion Chiefs trounced the Steelers to clinch the No. 1 seed in the AFC.

There were no signs of any major streaming issues during the game after Netflix experienced minor blunders at the start of the pregame show. The broadcast opened with roughly 10 seconds of silence because it appeared studio host Kay Adams’ microphone wasn’t turned on.

Beyoncé's live performance at NRG Stadium was supposed to be the biggest test for the streaming giant and it seemed to go off without a hitch.

Mahomes threw for 320 yards and three touchdowns and Kelce had eight catches for 84 yards and one score as the Chiefs (15-1) earned a first-round bye and home-field advantage throughout the AFC playoffs. The Steelers (10-6) have lost three straight games and may have to settle for a wild-card spot instead of an AFC North title.

Netflix agreed to a three-year contract in May to broadcast Christmas Day games. The NFL is expected to give the streaming service one of its biggest days since the site launched in 1998.

Netflix’s 282.3 million subscribers in more than 190 countries could stream the games, marking the first time one outlet distributed an NFL game globally. Netflix had the games available in five languages — English, French, Spanish, Portuguese and German.

Netflix had problems streaming the Mike Tyson-Jake Paul fight on Nov. 14. The bout peaked at 65 million concurrent streams, including 38 million concurrent streams in the United States. According to the website Down Detector, nearly 85,000 viewers logged problems with outages or streaming leading up to and during the fight.

There were fewer complaints on Wednesday.

According to NFL Media, viewers in all 50 states tuned in within minutes of the pregame show going live and viewers from nearly 200 countries watched the first game. Before the Ravens-Texans kicked off, Netflix reported that it eclipsed its peak concurrent viewers of any Christmas in the past four years.

The NFL was playing its first games on a Wednesday since the Steelers and Ravens were forced to play on Dec. 2, 2020, because of the COVID-19 pandemic. The only other time the league played on a Wednesday since 1948 was in 2012 when the Giants and Cowboys met in the season opener.

Commercials Netflix promoted its own programming in addition to the usual slew of advertisements. The first teaser trailer for “Happy Gilmore 2” was released before kickoff. Adam Sandler is back as Happy Gilmore for the sports comedy that hits the streaming service in 2025. Travis Kelce also was featured in a trailer filled with cameos by celebrities, including Bad Bunny and Kid Cudi.

New Christmas tradition The NFL played its first games on Christmas Day in 1971 with a pair of divisional playoff games. The league avoided playing on Dec. 25 from 1972-88 and shifted its full slate of games to Saturday if Christmas fell on a Sunday. Since 1989, there have been 30 games on Christmas, never more than three on that day. But the NFL went out of its way to schedule two games on Wednesday to accommodate its $150 million deal with Netflix.

Broadcasting teams J.J. Watt, a three-time AP Defensive Player of the Year and brother of Steelers four-time All-Pro edge rusher T.J. Watt, and former NFL wide receiver Nate Burleson shared analyst duties for the Chiefs-Steelers game, with Ian Eagle on play-by-play.

“I’m extremely proud of him and also slightly concerned he’s getting close to a lot of my records,” J.J. Watt said of his younger brother at the start of the broadcast.

Noah Eagle, Ian’s son, was on play-by-play for the Ravens-Texans game, with former NFL tight end Greg Olsen in the analyst seat.

Not a first This wasn’t the first time NFL games aired exclusively on a streaming service. The league’s Thursday night games are in their third season on Amazon Prime Video, Peacock streamed the Packers-Eagles game in São Paulo, Brazil, in Week 1 and Prime Video will stream a wild-card game. Also, the “Sunday Ticket” package moved to YouTube TV last year.

The largest audience for a streamed-exclusive NFL game was 23 million on Peacock for last season’s AFC wild-card game between the Miami Dolphins and the Chiefs.