Ed Sheeran’s “Thinking Out Loud” copyright lawsuit is denied by the US Supreme Court

The US Supreme Court has declined to reopen a lawsuit alleging copyright infringement against Ed Sheeran’s popular song “Thinking Out Loud.”

The appeal filed by Structured Asset Sales to revive a copyright infringement claim against pop artist Ed Sheeran for allegedly illegally stealing parts of Marvin Gaye’s 1973 hit song “Let’s Get It On” for his 2014 single “Thinking Out Loud” was denied by the US Supreme Court on Monday.

In order to obtain financial damages, Sheeran, his record label Warner Music, and music publisher Sony Music Publishing were sued by Structured Asset Sales, a business headed by investment banker David Pullman and possessing a partial copyright interest in Gaye’s composition. According to the corporation, “Thinking Out Loud” mimicked the rhythm, melody, and harmony of “Let’s Get It On.”

The soul standard was co-written by singer-songwriter Ed Townsend, who died in 2003, and Marvin Gaye, who died in 1984. Sheeran’s song peaked at No. 2 on the Billboard Hot 100 in 2015, but “Let’s Get It On” peaked at the top of the Billboard charts in 1973. A portion of Townsend’s previous rights are owned by Structured Asset Sales, who argued that Sheeran had improperly utilized protected music.

The contested musical parts were deemed so ubiquitous that they did not merit copyright protection by US District Judge Louis Stanton in 2023. Last year, the Second US Circuit Court of Appeals, located in New York, upheld that ruling and dismissed the company’s claim that Judge Stanton ought to have taken into account parts of “Let’s Get It On” that weren’t included in the deposit copy submitted to the US Copyright Office.

A Manhattan court jury also ruled in favor of Sheeran in a different 2023 trial that Townsend’s heirs had brought on similar grounds. After the decision, Sheeran remarked outside the courthouse, “It’s devastating to be accused of stealing someone else’s song when we’ve put so much work into our livelihoods.”

Based on its rights to the audio recording of “Let’s Get It On,” Structured Asset Sales has sued Sheeran once more; however, the case is still pending additional court hearings.