Ed Sheeran will face trial for his song "Thinking out loud"

Ed Sheeran.

Photo: Kate Green/Getty Images

british singer Ed Sheeran will have to face a jury to defend his 2014 song “Thinking out loud”after being accused of -allegedly- copyright infringement by taking elements of “Let's get it on”a theme of Marvin Gaye original from 1973.

the federal judge louis stanton, of Manhattan, said a trial will be necessary to resolve the situation: “There is no clear rule that the combination of two unprotectable elements is not numerous enough to constitute an original work. A work may be eligible for copyright protection even if it is entirely a compilation of non-protectable elements”. Although no trial date has been set, Structured Asset Sales, which owns a third of the song's authorship shares (written by Ed Townsend), is seeking $100 million in damages.

The problems for Ed because of “Thinking out loud” (which reached second place on the Hot 100 of Billboard) began in 2016 when he was sued by Townsend's family, but the case was dismissed a year later. In 2018 the demand arose again when Structured Asset Sales got his share of authorship; they argue that Sheeran's song uses, through his chord progression, "melodic, harmonic, rhythmic, instrumental, and dynamic elements" taken from the song's theme. Marvin Gayeconsidered a classic in the R&B genre.

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