by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, April 25 – In 2017 Ed Sheeran was sued for allegedly infringing the copyright of Marvin Gaye's "Let's Get It On" in his 2014 song, "Thinking Out Loud."
On April 24, 2023 the jury begins before U.S. District Court for the Southern District of New York Judge Louis L. Stanton. Inner City Press will cover it.
The actual Marvin Gaye recording may not be played for the jury. But a 2014 YouTube concern clip of Sheeran breaking into Let's Get It On while (singing) Thinking Out Loud may be - the clip is here, at 4:29.
The plaintiff is not Marvin Gaye but rather Kathryn Griffin-Townsend as heir of Ed Townsend, Gaye's co-writer on "Let's Get It On." Among plaintiffs' counsel is Ben Crump.
On April 24 for jury selection, Crump was there. In the jury pool were a musicology, a mother with two daughters who are Sheeran fans, and a woman who had Sheeran's "Perfect" as her wedding song. Thread here. The jury was picked and sent home; chords - four or six was the debate - were played.
On April 25, opening arguments and witnesses including Ed Sheeran (who later left court without comment). Inner City Press was there, thread here:
OK - now in Let's Get It On trial v. Ed Sheeran, opening arguments
Jury entering! Judge Stanton: Ladies and gentlemen, questions are not evidence.
Ben Crump: This case is about giving credit where credit it due. I am attorney Ben Crump, we have the honor of representing Ms. Kathy Townsend Griffin. Please stand.
Crump: Let's Get It On is ingrained in our minds, in the American songbook. Later Mr. Kathy Townsend will explain what an evergreen it. It has become a cornerstone in the American experience. It invokes love and intimacy. Inner City Press @innercitypress · 7h Crump: Mr. Ed Sheeran decided to use Let's Get It On, his career was catapulted from being an opening act to selling out stadium tours. It solidified his affluence. He got a Grammy, for "Thinking Out Loud."
Crump: But Mr. Ed Sheeran did not ask for permission. He did not license it. The evidence will show that the songs are so similar that Ms Kathy Townsend Griffin received calls, Hey, that's your father's song. Mr. Ed Sheeran copied the song, against the law
Crump: We have a smoking gun. Mr. Ed Sheeran himself, in concert, merged the songs. Crump: Maya Angelou says, when someone tells you who they are, believe them. We take it a step further: when someone voluntarily confesses, believe it. I am a country lawyer. A confession is enough. The defendant will try to say all songs are based on four chords.
Crump: They will try to convince you Let's Get It On is not particularly orginal. [Scoffs]. But SONY has administered the rights for years, for profit. [Sheeran is sitting at the defense table, ten feet from Crump at the podium, looking up at him] Ed Sheeran's lawyer: The evidence show that Ed Sheeran and his co-writer independently wrote it, after a conversation about watching their grandparents spend their whole lives with their partner then losing them. Ed Sheeran is an established songwriter. No copying
Ed Sheeran's lawyer: This is about basic musical building blocks. Plaintiffs do not own them. The core progressions here, they are different. They admit that. The judge has ruled that the chord progression is commonplace and unprotectable. No one can own it
Ed Sheeran's lawyer: He is not the first person to do a mashup, as you will hear from him. He mashed up with other songs. But no one else sued him. They are clinging desperately to that. But if he copies, why would he publicly mash up? These melodies are not alike
1st witness: Katherine Townsend, who says, I am a peer to peer recovery specialist, in sex industry rehabilitation. Crump: Any music training? Kathy Townsend: I studied Italian opera. I was on the 83 Cold Blooded tour with Rick James. & with Parliament Funkadelic
Crump: Was your father a songwriter? Kathy Townsend: Yes. A famous one. He wrote for Dionne Warrick, Whitney Houston's mom, Frank Sinatra, Stevie Wonder... Crump: What do songwriters do? Kathy Townsend: They capture beauty... They make income through copyright.
Crump: What are his songs? Kathy Townsend: For Your Love, Oh I Would Do Anything, with Stevie Wonder - my father gave Stevie permission... Let's Get It On. Crump: He didn't write Thinking Out Loud, right? Kathy Townsend: He did not.
Kathy Townsend: My father told me how he wrote Let's Get It On -- Ed Sheeran's lawyer: Objection. This is hearsay.
Crump: It is common knowledge. Judge: Objection sustained. Crump: How did Marvin Gaye get involved? Ed Sheeran's lawyer: Hearsay! Judge: Sustained.
OK - now Kathy Townsend is being cross-examined. Ed Sheeran's lawyer: You get royalty payments, don't you? A: Yes. But my passion is saving sex trafficking victims all over the world. I don't dissect music.
Now Ed Sheeran on the witness stand. Townsend's lawyer: Was that you in the video? Ed Sheeran's lawyer: This exhibit is subject to an objection.
[While lawyers argue about the video, Ed Sheeran return to a seat behind the defense table, talking with his lawyers.
Update: the video is admitted and is being played for the jury: the crowd singing along, then Ed Sheeran crooning, Let's get it on... It's on.
Ed Sheeran: You could go back and forth from Let it Be to No Woman, No Cry -- Townsend's lawyer: This is non-responsive. You call it a mash up. What's that? Sheeran: You play a song live, most pop songs revolve around three or four chords.
Sheeran's lawyer: We intend to call Mr. Sheeran on our case, we're not going to cross examine him under their case. Next up: musicologist. Trial will continue tomorrow.
and more including on testy on Substack here
The case is Griffin, et al. v. Sheeran, et al., 17-cv-5221 (Stanton)
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