U.S. Supreme Court ends ‘Thinking Out Loud’ copyright battle
The U.S. Supreme Court just shut down the final appeal in the Ed Sheeran “Thinking Out Loud” copyright case.
The U.S. Supreme Court declined to review an appeal from rights-holding firm Structured Asset Sales (SAS), which alleged that Ed Sheeran’s 2014 hit “Thinking Out Loud” unlawfully copied Marvin Gaye’s classic “Let’s Get It On.” This decision effectively upholds the rulings of lower courts in Sheeran’s favor, bringing an end to one of the most high-profile copyright disputes in recent music history.
The case initially centered on claims that Sheeran’s song mimicked key musical elements, such as melody, harmony, and rhythm, from “Let’s Get It On.” In 2023, U.S. District Judge Louis Stanton dismissed the lawsuit, concluding that the similarities pointed out by the plaintiffs involved standard musical building blocks that are not eligible for copyright protection. That decision was later affirmed by the 2nd U.S. Circuit Court of Appeals, which rejected additional arguments that unpublished aspects of the original composition should be considered.
This Supreme Court decision follows a separate but related lawsuit brought by the heirs of Ed Townsend, the co-writer of “Let’s Get It On.” That case ended in 2023 with a jury ruling in favor of Sheeran, reinforcing the position that “Thinking Out Loud” did not constitute copyright infringement.
In comments made outside the courtroom following the earlier jury verdict, Sheeran expressed frustration over the years-long legal battle. He stated, “It’s devastating to be accused of stealing someone else’s song when we’ve put so much work into our livelihoods.” Throughout the process, Sheeran consistently argued that the chord progression at the heart of the lawsuit was a common structure used across many songs and genres.
Although this case is now settled, Structured Asset Sales is still pursuing a separate lawsuit related to its ownership interest in the sound recording of “Let’s Get It On.” That case is currently on hold, leaving the door open for further legal action, though the courts have now made their position on the composition rights clear.