In a significant decision, Ed Sheeran has once again triumphed in the ongoing copyright battle surrounding his 2014 hit song, “Thinking Out Loud.” On November 1, 2024, a U.S. appeals court ruled that Sheeran’s song did not infringe on Marvin Gaye’s classic “Let’s Get It On,” upholding a prior dismissal by a lower court.

The decision comes after numerous copyright claims against Sheeran, alleging that his 2014 track borrowed elements from Gaye’s 1973 hit. In May 2023, U.S. District Judge Louis Stanton dismissed a lawsuit from Structured Asset Sales LLC (SAS), reversing an earlier ruling that suggested the case should proceed to a jury trial.

Judge Stanton had previously overseen another case involving Sheeran and Gaye, in which a jury sided with Sheeran against the estate of Ed Townsend, Gaye’s co-writer. SAS filed its lawsuit in 2018, seeking $100 million in damages following the Townsend estate’s initial claim.

SAS is headed by David Pullman and owns a share of Townsend’s rights to “Let’s Get It On.” Sheeran’s lawyers argued that the chord progression and harmonic rhythm cited as similarities were common in pop music and thus not eligible for copyright protection. The jury agreed, leading to the dismissal of SAS’s case.

Judge Stanton noted that the combination of these musical elements was so widespread that granting protection could unfairly monopolise fundamental aspects of music. Protection for such elements, the appellate court said, may suppress creativity, adding that it ultimately concluded Sheeran’s song did not infringe SAS’s copyright.