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The Indicator from Planet Money

'Let's Get It On' ... in court (Update)

Dec 28, 2023
Did Ed Sheeran steal from Marvin Gaye's 'Let's Get It On' in 'Thinking Out Loud'? Law professor Jennifer Jenkins helps us hear the differences and similarities between the two songs and explores the line between inspiration and theft in a high-stakes musical copyright case. Delve into music copyright law, the history of music copyright cases, the role of forensic musicologists, and the argument over chord progressions as original or basic building blocks.
09:29

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • The legal battle between Marvin Gaye's 'Let's Get It On' and Ed Sheeran's 'Thinking Out Loud' raises questions about the differentiation between musical inspiration and theft.
  • Music copyright infringement cases rely on subjective judgments and the role of forensic musicologists in determining similarities between songs.

Deep dives

The Two Eds: Musical Inspiration or Intellectual Theft

This podcast episode delves into a high-stakes legal battle over two famous pop songs: Marvin Gaye's 'Let's Get It On' and Ed Sheeran's 'Thinking Out Loud'. The court case raises the question of what differentiates musical inspiration from intellectual theft. The heirs of Ed Townsend, the co-writer of 'Let's Get It On', have accused Ed Sheeran of copying the song with 'Thinking Out Loud'. The episode discusses how music copyright infringement cases are decided, referencing the two-part test established in the landmark 1946 case Arnstein v. Porter. It explores the subjective nature of determining coincidence or copying, and inspiration or theft. The role of forensic musicologists in analyzing musical elements is also highlighted.

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