Ed Sheeran testifies in Marvin Gaye’s ‘Let’s Get It On’ copyright suit

Ed Sheeran walks into Manhattan federal court, Tuesday, April 25, 2023, in New York. The heirs of Ed Townsend, Marvin Gaye's co-writer of the 1973 soul classic, sued Sheeran, alleging the English pop star's hit 2014 tune has “striking similarities” to “Let's Get It On” and “overt common elements” that violate their copyright. Photo / AP

Ed Sheeran took the witness stand in a New York courtroom Tuesday to deny allegations that his hit song Thinking Out Loud ripped off Marvin Gaye’s soul classic Let’s Get It On.

Sheeran, 32, was called to testify in the civil trial by the heirs of Ed Townsend, Gaye’s co-writer on the 1973 soul classic. The family has accused the English star of violating their copyright, claiming his 2014 hit bore “striking similarities” and “overt common elements” to the famed Gaye track.

Sheeran, in a dark suit and tie and his trademark ginger locks, was adamant that he had come up with the song himself. His testimony was at times contentious, as he sparred during cross-examination with the plaintiff’s attorney, Keisha Rice.

In response to video footage played in the courtroom that showed the musician segueing on stage between the two songs, Sheeran said it was “quite simple to weave in and out of songs” that are in the same key.

Kathryn Townsend Griffin (centre), daughter of singer and songwriter Ed Townsend, is leading the lawsuit against Ed Sheeran. Photo / AP

“I’d be an idiot to stand on a stage in front of 20,000 people and do that,” Sheeran said about the accusation that he copied songs.

Earlier in the day, a lawyer for Townsend’s heirs, Ben Crump, had told jurors that the merging of the two songs was tantamount to “a confession”.

“We have a smoking gun,” he said of the concert footage showing Sheeran flipping between the two songs.

Crump said the case was about “giving credit where credit is due”.

Sheeran looked on as his lawyer, Ilene Farkas, insisted that Sheeran and a co-writer, Amy Wadge, wrote their song independently and did not steal from Townsend and Gaye.

She said they “created this heartfelt song without copying ‘Let’s Get It On’”.

The chord progression and basic building blocks in Sheeran’s song are frequently used, and didn’t appear first in Let’s Get It On, his lawyer said.

Let’s Get It On has been heard in countless films and commercials and garnered hundreds of millions of streams, spins and radio plays since it came out in 1973.

Thinking Out Loud won a Grammy for song of the year in 2016.

The lawsuit was filed in 2017. The trial is expected to last up to two weeks.

Townsend, who also wrote the 1958 R&B doo-wop hit For Your Love, was a singer, songwriter and lawyer. He died in 2003.

Kathryn Townsend Griffin, his daughter, is the plaintiff leading the lawsuit.

“I think Mr Sheeran is a great artist with a great future,” she said in her testimony, adding that she didn’t want it to get to this point of the case. “But I have to protect my father’s legacy.”