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An appeals court has upheld a ruling that Ed Sheeran’s hit song Thinking Out Loud did not illegally copy the Marvin Gaye classic, Let’s Get It On.

The 2nd US Circuit Court of Appeals in Manhattan, New York, agreed with a lower-court judge’s dismissal of a lawsuit filed by Structured Asset Sales (SAS), which owns rights to the 1973 Gaye song that previously belonged to the late co-writer Ed Townsend.

SAS had made the allegations against Sheeran, his record label Warner Music, and music publisher Sony Music Publishing.

Ed Sheeran leaves federal court, Thursday, April 27, 2023, in New York. In a packed New York courtroom, a cheerful Ed Sheeran picked up his guitar Thursday and launched into a few bars of a tune that has him locked in a copyright dispute over Marvin Gaye's soul classic ...Let's Get it On" . (AP Photo/Bebeto Matthews)
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Ed Sheeran attended court in New York in 2023 for a hearing on a separate lawsuit about the same track, which he won. Pic: AP

It comes after a separate copyright lawsuit filed by heirs of Townsend over alleged similarities between the tracks. Sheeran won that case in May 2023, following a jury trial.

SAS sued Sheeran in 2018, four years after the release of his number one hit. US District Judge Louis Stanton dismissed the case following the verdict in the heirs’ case last year – concluding the musical elements allegedly copied were too common to merit copyright protection.

The appeals court has now agreed, saying Thinking Out Loud and Let’s Get It On are not similar enough for Sheeran to have infringed on copyright, and protecting the elements could stifle creativity.

SAS owner, investment banker David Pullman, said the company was reviewing all of its options following the decision.

Gaye, who died in 1984, collaborated with Townsend, who died in 2003, to write Let’s Get It On, which topped the Billboard charts in the year it was released. The track has been used in numerous films and adverts, and garnered hundreds of millions of streams and radio plays in the past 50 years.

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Sheeran, who is from Suffolk, is one of the most successful modern music stars in the world. Thinking Out Loud, which won a Grammy for song of the year in 2016, is among his biggest hits.

Sky News has contacted representatives for the star for comment on the latest ruling.

After the result in 2023, he spoke outside court, saying he was “unbelievably frustrated baseless claims like this are allowed to go to court at all”.

He added: “We’ve spent the last eight years talking about two songs with dramatically different lyrics, melodies and four chords which are also different and used by songwriters every day, all over the world.”

The British star, 33, also won a similar copyright case in the UK in 2022 – this one relating to Shape Of You, another of his biggest hits.

During that hearing, he was accused by two lesser-known songwriters of ripping off part of one of their songs for his 2017 track. However, the High Court judge ruled that Sheeran “neither deliberately nor subconsciously” copied a hook from the song.

Following that ruling, Sheeran released a video statement hitting out at “baseless” copyright claims that are “damaging” to the industry.

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Crocodile from hit film Crocodile Dundee dies peacefully, zoo says

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Crocodile from hit film Crocodile Dundee dies peacefully, zoo says

The iconic crocodile who starred in hit film Crocodile Dundee has died, his zoo has announced.

Crocosaurus Cove, where Burt had been kept since 2008, said he passed away “peacefully” over the weekend.

He was estimated to be over 90 years old, well over the usual life expectancy.

“Burt was truly one of a kind. He wasn’t just a crocodile; he was a force of nature and a reminder of the power and majesty of these incredible creatures,” the zoo said.

“While his personality could be challenging, it was also what made him so memorable and beloved by those who worked with him and the thousands who visited him over the years.

“Visitors from around the globe marvelled at his impressive size and commanding presence, especially at feeding time.”

Burt was captured for the first time in the 1980s, the zoo said, and he appeared in Crocodile Dundee just before Christmas in 1986.

He starred alongside Paul Hogan in the film, helping to “shape Australia’s image as a land of rugged natural beauty and awe-inspiring wildlife”.

Known for his “independent nature”, the zoo said Burt was a “confirmed bachelor” with a “fiery temperament”, which earned him the respect of caretakers and visitors.

“As we mourn his loss, we are reminded of the vital role wildlife plays in our shared history and the importance of preserving it for future generations,” the zoo added.

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The average saltwater crocodile usually lives up to 70 years.

Crocosaurs Cove said it plans to install a commemorative sign to celebrate his “extraordinary life and the stories and interactions he shared throughout his time at the park”.

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What texts and messages Blake Lively’s legal complaint against It Ends With Us co-star show

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What texts and messages Blake Lively's legal complaint against It Ends With Us co-star show

Documents from actress Blake Lively’s legal complaint about her It Ends With Us co-star Justin Baldoni claim to show how his PR team deliberately “planted pieces of how horrible Blake is to work with” in the press and on social media.

The legal complaint, filed to the California Civil Rights Department on Friday, contains pages of text messages allegedly sent between Baldoni and his PR team.

Lively, 37, claims that Baldoni, 40, who is also the director of the film, hired crisis PR management to engage in a “multi-tiered” plan to damage her reputation after she and her husband Ryan Reynolds, 48, complained of “repeated sexual harassment and other disturbing behaviour” on set of the movie.

Lively at the UK gala screening for the film on 8 August. Pic: AP
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Lively at the UK gala screening for the film on 8 August. Pic: AP

A lawyer representing Baldoni and his production company Wayfarer Studios says the allegations are “completely false, outrage and intentionally salacious”.

He adds that the studio and its PR team “did nothing proactive nor retaliated” against Lively – and that it hired crisis PR managers “due to the multiple demands and threats made by Ms Lively during production”.

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Blake Lively on being an actor and producer

The text messages, which Lively says she acquired through a subpoena, involve exchanges between Jennifer Abel, of PR firm RWA Communications, Melissa Nathan, of The Agency Group PR, and Baldoni.

They include:

  • Details of two quotes of PR packages – one costing “£175k” for a “3-4 month period” including “full reddit, full social account take downs”;
  • Another PR package costing “$25k per month” for “min 3 months” that includes “creation of social fan engagement to go back and forth with any negative accounts, helping to change the narrative and stay on track”;
  • Baldoni asking Ms Abel “What is the TikTok strategy” and saying “I’d like you guys to start posting me ONLY talking about domestic violence and clips and why this movie is so important”;
  • Ms Abel telling Ms Nathan she was “having reckless thoughts of wanting to plant pieces this week of how horrible Blake is to work with”;
  • Ms Abel saying: “The narrative online is so freaking good and fans are still sticking up for Justin” and telling Ms Nathan “you did such amazing work”;
  • Ms Nathan telling Ms Abel: “The majority of socials are so pro Justin and I don’t even agree with half of them lol”;
  • Ms Nathan replying to Ms Abel: “Narrative is CRAZY good”;
  • Ms Nathan telling Ms Abel: “We can’t write it down to him… We can’t write we will destroy her”;
  • Ms Nathan adding: “you know we can bury anyone”;
  • Ms Nathan saying to Ms Abel: “Don’t worry, I didn’t kill her and send her in a box to your house”, to which Abel replies: “DAMNIT”;
  • Ms Nathan telling Ms Abel socials are “really really ramping up”, to which Ms Abel adds: “It’s actually sad because it just shows you have people really want to hate on women”.

The text messages appear to date between 15 May and 18 August this year. It Ends With Us was released on 9 August.

In one other exchange, Baldoni expresses concerns his PR team may have been deploying fake “bots” to “take her [Lively] down” on social media, to which Ms Nathan replies: “I can fully confirm we do not have bots.”

The legal documents also include the alleged list of conditions Lively submitted for her “returning to production” after she alleged sexual harassment on set.

They include “no one entering… BL’s trailer while she is in a state of undress” and “no discussions of personal experience with sex or nudity”.

Lively’s legal complaint claims Baldoni “abruptly pivoted away from” the film’s marketing plan and “used domestic violence ‘survivor content’ to protect his public image” after the sexual harassment allegations came out.

Justin Baldoni at the world premiere in New York on 6 August. Pic: AP
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Baldoni at the world premiere in New York on 6 August. Pic: AP

Baldoni brands Lively’s claims ‘shameful’

Mr Freedman, representing Baldoni and Wayfarer Studios, says in his statement: “It is shameful that Ms. Lively and her representatives would make such serious and categorically false accusations against Mr. Baldoni, Wayfarer Studios and its representatives, as yet another desperate attempt to ‘fix’ her negative reputation which was garnered from her own remarks and actions during the campaign for the film; interviews and press activities that were observed publicly, in real time and unedited, which allowed for the internet to generate their own views and opinions.

“These claims are completely false, outrageous and intentionally salacious with an intent to publicly hurt and rehash a narrative in the media. Wayfarer Studios made the decision to proactively hire a crisis manager prior to the marketing campaign of the film, to work alongside their own representative with Jonesworks employed by Stephanie Jones, due to the multiple demands and threats made by Ms. Lively during production which included her threatening to not showing up to set, threatening to not promote the film, ultimately leading to its demise during release, if her demands were not met.

“It was also discovered that Ms. Lively enlisted her own representative, Leslie Sloan with Vision PR, who also represents Mr. Reynolds, to plant negative and completely fabricated and false stories with media, even prior to any marketing had commenced for the film, which was another reason why Wayfarer Studios made the decision to hire a crisis professional to commence internal scenario planning in the case they needed to address.

“The representatives of Wayfarer Studios still did nothing proactive nor retaliated, and only responded to incoming media inquiries to ensure balanced and factual reporting and monitored social activity. What is pointedly missing from the cherry-picked correspondence is the evidence that there were no proactive measures taken with media or otherwise; just internal scenario planning and private correspondence to strategize which is standard operating procedure with public relations professionals.”

Lively says in a statement to the New York Times: “I hope that my legal action helps pull back the curtain on these sinister retaliatory tactics to harm people who speak up about misconduct and helps protect others who may be targeted.”

The August release of It Ends With Us, an adaptation of Colleen Hoover’s bestselling 2016 novel, was shrouded by speculation over discord between the lead pair.

Baldoni took a backseat in promoting the film while Lively took centre stage along with Reynolds, who was on the press circuit for Deadpool & Wolverine at the same time.

Sky News has contacted Jessica Abel and RWA Communications for comment.

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Blake Lively accuses It Ends With Us co-star Justin Baldoni of sexual harassment in legal complaint

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Blake Lively accuses It Ends With Us co-star Justin Baldoni of sexual harassment in legal complaint

Actor Blake Lively has accused her It Ends With Us co-star and director Justin Baldoni of sexual harassment on the set of the film in a legal complaint.

Lively, 37, also claims 40-year-old Baldoni and the studio behind the movie embarked on a subsequent “multi-tiered plan” to damage her reputation.

The complaint, which was filed on Friday with the California Civil Rights Department, according to the New York Times, precedes a lawsuit and names Baldoni, the studio and Baldoni’s publicists among the defendants.

In the papers, Lively claims the attempt to damage her reputation was launched after she and her husband Ryan Reynolds, 48, addressed “repeated sexual harassment and other disturbing behaviour” by Baldoni and a producer on the movie.

According to the complaint, the plan included a proposal to plant theories on online message boards, engineer a social media campaign and place news stories critical of Lively.

A lawyer representing Justin Baldoni denies the claims. Pic AP
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A lawyer representing Justin Baldoni (pictured) denies the claims. Pic AP

It also claims Baldoni “abruptly pivoted away from” the film’s marketing plan and “used domestic violence ‘survivor content’ to protect his public image”.

Bryan Freedman, a lawyer who represents Baldoni, Wayfarer Studios, and its representatives, said in a statement: “These claims are completely false, outrageous and intentionally salacious with an intent to publicly hurt and rehash a narrative in the media.”

He said the studio “proactively” hired a crisis manager “due to the multiple demands and threats made by Ms Lively during production”.

Mr Freedman also said Lively threatened to not appear on set and not promote the film “if her demands were not met,” although those demands were not specified.

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Lively denied planting or spreading negative information about Baldoni and the studio to the New York Times.

“I hope that my legal action helps pull back the curtain on these sinister retaliatory tactics to harm people who speak up about misconduct and helps protect others who may be targeted,” she told the paper.

The August release of It Ends With Us, an adaptation of Colleen Hoover’s bestselling 2016 novel, was shrouded by speculation over discord between the lead pair.

Baldoni took a backseat in promoting the film while Lively took centre stage along with Reynolds, who was on the press circuit for Deadpool & Wolverine at the same time.

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