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.
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.
The Implications for Songwriters and the Musical Commons
The podcast highlights that the outcome of this case extends beyond monetary matters. It addresses the potential impact on musicians and the freedom to use basic musical building blocks when creating songs. The episode references a previous case involving Robin Thicke and Pharrell Williams' 'Blurred Lines', where the jury's decision on similarities in musical elements caused concern in the music industry. The episode emphasizes that settling such disputes is subjective and relies on forensic musicologists, leading to unpredictability. Regardless of the jury's ruling in favor of Ed Sheeran in this particular case, the podcast underscores the importance of maintaining a robust songwriter's toolkit and preserving the musical commons.
*This episode originally aired on April 20th, 2023*
When it comes to making art, what's the difference between inspiration and theft? Between artistic license and copyright infringement? That is the question at the heart of one of the biggest musical copyright cases in years that went to trial this past year.
Today on the show, did Ed Sheeran steal from Marvin Gaye's "Let's Get It On" in his hit single "Thinking Out Loud"? Law professor Jennifer Jenkins sits down at the piano to help us hear the differences and similarities between these two songs.