Structured Asset Sales v. Sheeran

In 1973, Ed Townsend and Marvin Gaye wrote a song titled “Let’s Get It On.” Townsend owned one-third of the song’s copyright. In 2014, Ed Sheeran and Amy Wadge (defendants) wrote a song titled “Thinking Out Loud,” which won two Grammy awards and was streamed billions of times. At that point, Structured Asset Sales (SAS) (plaintiff) owned one-third of Townsend’s interest in “Let’s Get It On.” The other owners of Townsend’s interest sued, alleging that “Thinking Out Loud” infringed on the copyright for “Let’s Get It On.” A jury found that the songs’ only similarities were too common to support an infringement claim, and the lawsuit was dismissed. However, because SAS had not been a party to that first lawsuit, it was allowed to file its own lawsuit alleging copyright infringement. At the trial in this second lawsuit, SAS presented evidence showing that both songs used the same four-chord progression and progressed the chords in a similar, syncopated harmonic rhythm. In opposition, Sheeran presented evidence that this four-chord progression was very common in pop music, the harmonic rhythm was common, other songs had used the same four-chord progression in the same harmonic rhythm, these two songs’ melodies had no other similarities, and these two songs’ lyrics had no similarities. After trial, the district court granted summary judgment for Sheeran. SAS appealed to the United States Court of Appeals for the Second Circuit.