UPDATED: 01/07/2019 4:30PM
A United States court judge has rejected Ed Sheeran’s request to dismiss a plagiarism lawsuit that accuses him of using Marvin Gaye’s 1973 classic “Let’s Get It On” for his 2014 hit “Thinking Out Loud.”
The judge, Louis Stanton said that it should be up to a jury to decide whether or not Sheeran, Atlantic Records, and Sony/ATV Music Publishing should be liable to estate of Ed Townsend, the producer who co-wrote Gaye’s classic. The U.S. District Court Judge said that he found “substantial similarities between several of the works’ musical elements.”
The defense is arguing that “Let’s Get It On” is defined by its positive emotions while “Thinking Out Loud” is more somber and that the two songs address two very different types of love. The plaintiffs are arguing that the songs are aesthetically similar. For his part, Sheeran has denied copying anything from Marvin Gaye.