Ed Sheeran‘s copyright case for “Thinking Out Loud” is far from the first of its kind, but it sets a new precedent for all cases regarding musical integrity going forward. How does Sheeran’s case impact the music industry, and what has prompted the recent rise in copyright cases?
The latest episode of Billboard Explains dives in to music copyright lawsuits of the past and present, starting with Sheeran’s “Thinking Out Loud” versus Marvin Gaye‘s 1973 hit “Let’s Get It On” and touching on cases with Robin Thicke and more.
Gaye’s family and “Let’s Get It On” co-writer Ed Townsend accused Sheeran of copying Gaye’s hit, but the court ruled that the British singer did not copy elements of the song. Thicke and Pharrell Williams, who worked together on “Blurred Lines,” came under fire from the Gaye family as well, when they were accused of copying Gaye’s 1977 song “Got to Give It Up.” In Thicke’s case, he admitted that he was directly inspired by the track and named it as one of his favorite songs ever; the court ruled that Thicke and Williams were guilty and were ordered to pay Gaye’s family $5 million in addition to 50 percent of the track’s royalties.
While Thicke’s case swung the pendulum and made artists more fearful about potential lawsuits, Sheeran’s case proves that artists have a chance to successfully defend their work and are willing to fight instead of settling outside of court.
After the video, catch up on more Billboard Explains videos and learn about how Beyoncé arrived at Renaissance, the evolution of girl groups, BBMAs, NFTs, SXSW, the magic of boy bands, American Music Awards, the Billboard Latin Music Awards, the Hot 100 chart, how R&B/hip-hop became the biggest genre in the U.S., how festivals book their lineups, Billie Eilish’s formula for success, the history of rap battles, nonbinary awareness in music, the Billboard Music Awards, the Free Britney movement, rise of K-pop in the U.S., why Taylor Swift is re-recording her first six albums, the boom of hit all-female collaborations, how Grammy nominees and winners are chosen, why songwriters are selling their publishing catalogs, how the Super Bowl halftime show is booked and why Olivia Rodrigo’s “Drivers License” was able to shoot to No. 1 on the Hot 100.