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Ed Sheeran takes the stand in “Let’s Get It On” trial

Sheeran is being sued by Marvin Gaye’s estate, and other stakeholders of the 1973 song, who allege he infringed on its copyright with his 2014 track “Thinking Out Loud.”

April 26, 2023

Ed Sheeran has given his first testimony in the copyright trial surrounding his 2014 hit “Thinking Out Loud” and Marvin Gaye’s 1973 classic “Let’s Get It On.” Gaye’s estate and that of the older song’s co-writer, Ed Townsend, sued Sheeran half a decade ago, accusing him of copying their work to write his own hugely popular song. But the trial only began in earnest on Tuesday (April 25). Sheeran also faces a separate lawsuit for the same alleged offense brought by Structured Asset Sales LLC, a company that owns a third of Townsend’s estate. Last year, Sheeran won a copyright trial over another of his mega-hits, “Shape of You.”

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“Yes, Amy Wadge and I wrote the song ‘Thinking Out Loud,’” Sheeran defended himself on Tuesday, claiming he drew inspiration for the song from his own grandparents.

But Ben Crump, an attorney representing the plaintiffs, insisted that Sheeran had stolen the song, asking the jury to use “common sense” when listening to the two tracks’ similarities. He also showed them a fan video from a concert in which Sheeran quotes from “Let’s Get It On” in a seemingly off-the-cuff medley he plays at the end of “Thinking Out Loud.” Crump referred to the clip as a “confession,” but Sheeran balked at the accusation. “Most pop songs can fit over most pop songs,” he responded in his own testimony. “I’m just mashing up a song with another song.” Later, he recalled first hearing “Let’s Get It On” in an Austin Powers movie.

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Ed Townsend’s daughter, Kathryn Griffin Townsend, also took the stand Tuesday, telling the jury she hadn’t wanted to sue Sheeran, “a great artist with a great future.” In the end, though, she said, “I have to protect my father’s legacy.”

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Sheeran is expected to testify again today (Wednesday, April 26).