In
Let's Get It
On Trial Team
Sheeran Calls
Songwriting
Risky as Crump
Says Pay
Townsend
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 3 – 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.
On May 2, the
defense case continued. Talk
turned to Van Morrison, and
Tupelo Honey. Inner City Press
thread here:
OK - the Ed
Sheeran trial for allegedly
ripping of Let's Get It on has
just restarted for the day, at
11:15 am.
On the witness
stand, Ed Sheeran's
musicologist who says he
transcribed the song(s).
He says, Each one
of these represents a chord
progression in TOL (Thinking
Out Loud). They are similar to
LGO (Let's Get it On).
Sheeran's
lawyer: Is the chord
progression the same?
Sheeran's expert:
No.
In Ed Sheeran
trial, it just goes on, with
keyboard examples, now on
similarities between Let's Get
It On and... I've Got Love In
My Mind.
In Ed Sheeran
trial, now questions about Van
Morrison. Q: Did you analyze
the works of Van Morrison?
A: I did.
Tupelo Honey...
On May 3, end of the defense
case, and closing arguments,
Inner City Press was there,
thread here:
OK - now Ed
Sheeran trial for allegedly
ripping off Let's Get It On
resumes, with defense
musicologist on the witness
stand.
Musicologist:
In "Satisfaction," the lyrics
is the hook. In Thinking Out
Loud, the number of repeats is
not throughout the song.
Counsel: But it's through the
two main verses, correct?
Musicologist: No. Maybe
there's one iteration of that
chord progress.
Musicologist: The
root could be D, a variant
[plays electric keyboard]
Counsel: You
testified it's D F-sharp, G
major, and is it A?
Musicologist: That's the basic
chord progression for purposes
of analysis.
Redirect
Sheeran's lawyer:
Plaintiff's lawyer quoted
something that you are the
industry's go-to expert who
gives the opinions they want.
Was that the court's finding?
Musicologist: No. Sheeran's
lawyer: In fact, in that case
the court credited *your*
opinion? Yes
Sheeran's lawyer:
Your Honor, defendant rests.
[Now a sidebar is called -
but, case is coming to a close
Judge
Stanton: Jurors, I have to
discuss things with the
lawyers, it happens in every
case. I think we can reconvene
at 2:15 and have the closing
arguments [in Ed Sheeran
trial]. Have a good lunch.
Sheeran feed will continue
here.
OK - now
the closing arguments.
Sheeran's lawyer:
We have shown with the
testimony of Amy Wadge and Ed
Sheeran that they
independently created Thinking
Out Loud. They told you the
inspiration. You heard when
Doctor Ferrara played the
song, they are different
Sheeran's lawyer: Nothing in
Thinking Out Loud came from
Let's Get It On. Ed and Amy
wrote it, as they have written
many other songs. This chord
progression & anticipation
technique are common. Van
Morrison used it in seven
songs. Request the claim of
infringement
Sheeran's lawyer:
This claim should never have
been brought. Different
melodies, different
structures. Ed Townsend did
not create these basic musical
building blocks. Ed Townsend
was not the first songwriter
to use and combine these
elements. It was not original
Sheeran's lawyer:
All they have is a video of a
mash up. Ed Sheeran says he
had read they shared a similar
chord progression so he did a
mash up. He does it with Crazy
Love and I Will Always Love
You. If every "interpolation"
is a confession...
Sheeran's
lawyer: Their smoking gun is
shooting blanks. They had
their expert Doctor Stewart
pretend there are
similarities....
Amy and Ed stayed
up later, they talked about
relatives who passed away. The
chords Amy plays have been
used in countless songs before
Sheeran's lawyer: Songwriting
is a risky profession. Many
songs are written and few are
recorded. Fewer still are
successful.
Sheeran's
lawyer: I'd like to thank the
jury on behalf of Mr. Sheeran.
Judge Stanton:
Thank you.
Keisha Rice: We
too want to thank you, on
behalf of the plaintiffs...
Ben Crump: If you
believe Ed Townsend deserves
compensation, stand your
ground.
Inner City Press
will cover it to verdict - and
beyond.
More on Substack
here
Team
Crump email on Patreon here
The case is
Griffin, et al. v. Sheeran, et
al., 17-cv-5221
(Stanton)
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2023 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|