In
Let's Get It
On Trial Ed
Sheeran Sang
Amy Wadge
Chords now She
Tells of 5%
Song Cut
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 1 – In 2017 Ed Sheeran was
sued for allegedly infringing
the copyright of Marvin Gaye's
"Let's Get It On" in his 2014
song, "Thinking Out
Loud."
On April
24, 2023 the jury begins
before U.S. District Court for
the Southern District of New
York Judge Louis L. Stanton.
Inner City Press will cover
it.
The actual
Marvin Gaye recording may not
be played for the jury. But a
2014 YouTube concern clip of
Sheeran breaking into Let's
Get It On while (singing)
Thinking Out Loud may be - the
clip is here,
at 4:29.
The
plaintiff is not Marvin Gaye
but rather Kathryn
Griffin-Townsend as heir of Ed
Townsend, Gaye's co-writer on
"Let's Get It On." Among
plaintiffs' counsel is Ben
Crump.
On April 24 for
jury selection, Crump was
there. In the jury pool were a
musicology, a mother with two
daughters who are Sheeran
fans, and a woman who had
Sheeran's "Perfect" as her
wedding song. Thread here.
The jury was picked and sent
home; chords - four or six was
the debate - were played.
On April 25,
opening arguments and
witnesses including Ed Sheeran
(who later left court without
comment). Inner City Press was
there, thread here.
On May 1,
Sheeran continued with guitar
on the stand, until he was
cross examined. Then Amy Wadge...
Inner City live tweeted, here:
OK - now the Ed
Sheeran trial for allegedly
rippi ng off Let's Get It On
has resumed, with Sheeran on
the stand.
Ed Sheeran has
his guitar on the witness
stand, again. Counsel: What
happened after you arrived at
the studio? Sheeran: We caught
up then recorded the song. I
played the guitar on it.
Counsel: Other
people contributed parts?
Sheeran: Yes. As
session musicians Sheeran: We
went out to a pub nearby and
we played the song there.
Counsel: Defendant's exhibit
236, I'll show you the opening
frame. Sheeran: Do I wait for
it to be on the main screen?
Counsel: No, it's
just for you.
Sheeran: I
recognize it. Counsel: I move
to admit it into evidence...
Do you recall what chord you
were playing when you sang
some of the words to Let's Get
It On?
Now Sheeran
again picks up guitar and
plays and sings. Counsel: What
were you listening to at the
time? Sheeran: What I'd grown
up listening to. Van
Morrison...
Cross
examination: Plaintiff's
counsel: You say you were
taking a shower than came out
and heard Amy playing a song?
Sheeran: I took a
shower, yes. She playing
chords she'd used busking.
They're very common chords. In
Let's Get It On trial now Amy
Wadge in on the stand. Q: When
did you meet Ed Sheeran?
Wadge: He was sent to write
songs with me. He was 17. I
was 32. It was very much the
beginning of his career.
Amy Wadge: Ed
gave me 5% on a song that he
said was related to one I
wrote. Plaintiff's counsel: Do
you think he copies your song
on purpose? Sheeran's lawyer:
Objection! Judge Stanton:
Overruled. Wadge: He heard it
and said it remined him, so
gave me 5%.
Plaintiff's
lawyer: If there are only
seven notes in a scale, what
is the purpose of copyright?
Amy Wadge: To protect the
progress of art. I use only
four chords. I do not have the
musically ability to do
anything but use those
building blocks.
Plaintiff's
lawyer: If everything is fair
game, why would you accept a
dollar for you work, or a
pound? Sheeran's lawyer:
Objection. Judge Stanton:
Sustained under 403.
Plaintiff's lawyer: You said
you were familiar with Let's
Get It On? Wadge: Yes.
Plaintiff's
lawyer: Over here, Let's Get
It On is used to sell ribs for
Applebee's, did you know?
Wadge: No. Plaintiff's lawyer:
Did you check if your song
infringed on Let's Get it On?
Wadge: No. Plaintiff's lawyer:
You're being sued in another
case? Wadge: Yes
Plaintiff's
lawyer: What kind of
discussion have you had with
Mr. Sheeran about these cases?
Wadge: No, we decided a long
time not to talk about it.
Plaintiff's
lawyer: Are you aware of the
Zurich video? Wadge: I've seen
it. Now the Ed Sheeran trial,
too, has ended for the
day. Will any more
guitar be seen in the trial?
More on Substack
here
Team
Crump email on Patreon here
The case is
Griffin, et al. v. Sheeran, et
al., 17-cv-5221
(Stanton)
***
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