Lawyer claims to have 'smoking gun proof' Ed Sheeran ripped Marvin Gaye's song

25 April 2023 , 18:57

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Ed Sheeran appeared in court (Image: Brittainy Newman/AP/REX/Shutterstock)

A lawyer has claimed to have "smoking gun" proof that Ed Sheeran violated the copyright of Marvin Gaye's hit song Let's Get It On.

The 32-year-old appeared at Manhattan Federal Court on Tuesday as he prepares to defend himself against a claim he ripped parts of Marvin Gaye's Let's Get It On to use on his own track, Thinking Out Loud.

The Shape Of You hitmaker is being sued by the heirs of the late Ed Townsend, who co-wrote the song with Gaye.

They are claiming that Sheeran should share the wealth from the profits of his 2014 track.

Attorney Ben Crump, who is representing heirs of Ed Townsend, gave his opening statement today and said Sheeran merged the two songs in concert.

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He said this was equivalent to a "confession".

Ed Sheeran was spotted arriving in court (AFP via Getty Images)

"We have a smoking gun," he said while announcing the jurors will see footage from the concert.

According to the Associated Press, Crump said the legal battle is all about "giving credit where credit is due".

Ed's lawyer, Ilene Farkas, insisted that Sheeran and co-writer Amy Wadge wrote their song independently and did not steal from Townsend and Gaye.

She said they "created this heartfelt song without copying Let’s Get It On".

Sheeran's lawyer said the chord progression and basic music building blocks in Thinking Out Loud are used frequently.

The singer is expected to testify (Anadolu Agency via Getty Images)

The lawsuit was filed in 2017 has finally made it to a trial which is expected to last up to two weeks in the Manhattan federal courtroom. Ed is among the witnesses expected to testify

While the jury will hear the recordings of both songs, probably many times, their lyrics are legally insignificant.

Jurors are supposed to only consider the raw elements of melody, harmony and rhythm that make up the composition of Let's Get It On, as documented on sheet music filed with the United States Patent and Trademark Office.

Let's Get It On has been a sensation since its release 50 years ago, garnering hundreds of millions of streams, spins and radio plays over the decades.

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Ed's tune won a Grammy for Song of the Year.

Scarlett O'Toole