Musicians
Related: About this forumU.S. judge orders Ed Sheeran to face Marvin Gaye plagiarism lawsuit
Source: Reuters
U.S. judge orders Ed Sheeran to face Marvin Gaye plagiarism lawsuit
Jonathan Stempel
3 MIN READ
NEW YORK (Reuters) - A U.S. judge has rejected English singer and songwriter Ed Sheerans request to dismiss a lawsuit accusing him of lifting from Marvin Gayes 1973 classic Lets Get It On for his 2014 smash Thinking Out Loud.
In a decision made public on Thursday, U.S. District Judge Louis Stanton in Manhattan said a jury should decide whether Sheeran, Sony/ATV Music Publishing and Atlantic Records should be liable to the estate and heirs of the late producer Ed Townsend, who co-wrote Lets Get It On with Gaye.
Stanton found substantial similarities between several of the two works musical elements, including their bass lines and percussion, and said it was in dispute whether the harmonic rhythm of Lets Get It On was too common to deserve copyright protection.
He also said ordinary listeners might view the songs aesthetic appeal as the same, despite defense arguments that Thinking Out Loud was characterized by somber, melancholic tones, addressing long lasting romantic love while Lets Get It On was a sexual anthem radiating positive emotions.
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Read more: https://www.reuters.com/article/us-music-sheeran-lawsuit/u-s-judge-orders-ed-sheeran-to-face-marvin-gaye-plagiarism-lawsuit-idUSKCN1OX1RQ
Fiendish Thingy
(18,510 posts)At a wedding a few years ago - the choruses are the same chord progression and almost the same melody.
Ohiogal
(34,620 posts)Fiendish Thingy
(18,510 posts)And "Let's get it on" was for the honeymoon...
Jarqui
(10,487 posts)but the melodies don't.
There are a lot of songs with similar chord progressions - a lot of three chord rock & roll and blues for example.
I always thought the melody carried the day in musical copyright. Maybe this case is going to make some law ... in that I'm surprised it is proceeding based upon what I heard. I thought the case against Led Zeppelin was better yet agreed with the result.
Fiendish Thingy
(18,510 posts)Then there's a chance plagiarism is involved.
It's not just the chord progression and melody, it's also the rhythm, the starts and stops.
My band was able to blend the two songs seamlessly.
Jarqui
(10,487 posts)The melodies distinguish the various songs.
You could potentially combine any or all of those songs seamlessly.
They get closer still if the same beat and instrument arrangement is used.
This helped clarify what might be at issue in my head:
https://yourbusiness.azcentral.com/melodies-copyrighted-7524.html
Compositions
The U.S. Copyright Office recognizes two types of copyright claims for melodies. The first is the copyright of a musical composition, which recognizes the songwriter for creating the song. Melodies may be copyrighted as compositions if theyre fixed as sheet music or a recording. Sound recordings are sounds made at the actual recording sessions when a musician records a song. While a songwriter who writes and records a melody -- such as a performing musician recording an album -- can claim copyright on the composition and recording at the same time, a musician who records a song that another person wrote may only register the copyright on her sound recording.
I think the melodies are different enough that the copyright on the musical composition is probably safe (I haven't checked note by note - just a rough feel). I'm guessing they're accusing some infringement on the sound copyright - but to me, even there, it seems like a stretch.
Having said that, I haven't read the complaint so I cannot pass final judgment until I see more details. For the judge to allow it to proceed, they must think there is some potential merit to the claim.
msongs
(70,170 posts)Fiendish Thingy
(18,510 posts)The air that I breathe with a slightly different melody, and Tom Petty sued Sam Smith for stealing one of his songs a few years ago- similar melody,same chords and rhythm.