Ed Sheeran's hit song 'Thinking Out Loud' was once again on the docket in a New York courtroom on Wednesday, as a U.S. appeals court was asked to revive a copyright lawsuit claiming Sheeran illegally borrowed from Marvin Gaye's classic 'Let's Get It On.
Ed Sheeran poses on the red carpet as he attends the 66th Annual Grammy Awards in Los Angeles, California, U.S., February 4, 2024. REUTERS/Mario Anzuoni/File Photo
A 2nd U.S. Circuit Court of Appeals panel questioned lawyers for Sheeran and plaintiff Structured Asset Sales over whether elements of Gaye's song were copyrightable and how broadly a Manhattan federal court should have interpreted the copyright's scope.a separate copyright lawsuit over "Thinking Out Loud" brought by the heirs of "Let's Get It On" co-writer Ed Townsend.
Senior Circuit Judge Guido Calabresi said he could imagine a musician creating one element that is "so odd that you'd say this is genuinely original," and he questioned the "numerosity" requirement for such copyrights mentioned in Stanton's decision.
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