In a recent development, Ed Sheeran’s “Thinking Out Loud” copyright lawsuit will not reach the Supreme Court. The case involved allegations that Sheeran’s hit bore similarities to Marvin Gaye’s iconic “Let’s Get It On.” Despite persistent legal efforts, the highest court’s refusal to hear the case marks a significant turning point. This outcome underscores ongoing debates about musical inspiration and copyright law.
Supreme Court Denial
The Supreme Court has declined to hear a copyright lawsuit against Ed Sheeran, in which he was accused of copying Marvin Gaye’s “Let’s Get It On” in his song “Thinking Out Loud.” This decision effectively concludes a significant chapter in the legal battle, which aimed to argue that Sheeran’s composition infringed on the Gaye classic. The court’s refusal aligns with a previous ruling by the U.S. Court of Appeals for the Second Circuit, which determined that the songs were not substantially similar.
Legal Background
In November, the Second Circuit court supported the notion that Sheeran’s “Thinking Out Loud” and Marvin Gaye’s song shared only basic musical elements. They concluded that these fundamental components do not constitute copyright infringement. Structured Asset Sales (SAS), a minority owner of Gaye’s song, initially filed the lawsuit, asserting that Sheeran had copied a chord progression and rhythm.
Sheeran’s attorney, Donald Zakarian, expressed satisfaction with the court’s decision, maintaining the jury’s original finding that “Thinking Out Loud” was independently created by Ed Sheeran and Amy Wadge.
Ongoing Legal Proceedings
Even with the closure of this case, another lawsuit remains a possibility in federal court. SAS is considering continued legal action over a specific recorded version of Gaye’s song. David Pullman, head of SAS, acknowledged that the Supreme Court might revisit the matter if it progresses further in the judicial system.
Meanwhile, Zakarian criticized SAS’s pursuit of a second case, suggesting it lacks the compelling argument required to succeed. He pointed out that SAS invested considerable effort in pursuing their initial, now-dismissed, lawsuit.
This latest decision highlights the complexities of copyright law and the challenges artists face in defending their creative work. While the Supreme Court’s refusal to hear the “Thinking Out Loud” case is a win for Sheeran, the ongoing legal landscape remains uncertain.






