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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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Nestle memo reveals BBC knew about ‘unacceptable’ behaviour from Gregg Wallace on factory show last year

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Nestle memo reveals BBC knew about 'unacceptable' behaviour from Gregg Wallace on factory show last year

The BBC was alerted to Gregg Wallace’s “unacceptable” behaviour while filming Inside The Factory more than a year and a half ago, Sky News can confirm.

A memo to staff at the Nestle factory in York shows concerns were raised with both the broadcaster and production company Voltage TV after Wallace’s final visit in February 2023.

The memo, which was shared on the company intranet, says the “experience of some of the team taking part in the filming had not been a pleasant one” and had “compromised” Nestle’s values.

An accompanying letter from Nestle’s head of media relations to the factory manager states: “We have written to the production company… and spoken to the BBC to bring our unacceptable experience to their attention in the hope that it is not repeated in other workplaces around the UK.”

While the letter does not name Wallace directly, it is understood to be in reference to him.

Wallace, who is best known for being a MasterChef presenter, is facing allegations of inappropriate behaviour from more than a dozen people across a range of shows over a 17-year period.

His lawyers have said it’s “entirely false that he engages in behaviour of a sexually harassing nature”.

Wallace quit as co-presenter of Inside the Factory in March 2023, saying he intended to focus on other TV commitments, and his young son, who is autistic.

At the time, there were reports the 60-year-old former greengrocer had offended some staff at the York factory with inappropriate comments.

The company’s memo reiterates a “zero-tolerance approach towards any allegation of discrimination, harassment or bullying of any kind in the workplace, whether this be by an employee, contractor, or visitor”.

Pic: Ken McKay/ITV/Shutterstock

John Torode, Greg Wallace
'This Morning' TV show, London, UK - 29 Aug 2023
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Wallace presents MasterChef alongside John Torode (left). Pic: Ken McKay/ITV/Shutterstock

It was the programme’s fifth visit to a Nestle site and its third to York, but the memo says “we will not be working with Inside the Factory again in the future” as the show “did not meet our high standards of respect”.

“We will not tolerate any kind of racism, misogyny, homophobia, bullying, exclusion or harassment and we have strict policies in place to deal swiftly and decisively with this kind of behaviour,” the memo adds.

Sky News has contacted representatives for Wallace, and the BBC and Voltage TV for comment.

Earlier on Tuesday, the BBC confirmed it was pulling three repeat episodes of Inside The Factory from the Christmas schedule.

It told Sky News it would not be removing them from iPlayer “at this stage”.

Two celebrity MasterChef Christmas specials have also been removed from the schedule.

Wallace has temporarily stepped down from the cooking show while the complaints are externally reviewed by a law firm.

Groping allegation

More allegations against the presenter surfaced on Tuesday – with two women claiming Wallace had inappropriately touched them.

One told the BBC he “groped” her bottom, while another alleged he laughed after touching her bottom “with his waist and penis” when brushing past her.

A third claimed Wallace’s penis was partially exposed in his dressing room in what she felt was a “power play”.

The Guardian also reported a complaint that he once asked a sign language interpreter to translate “big boobs” and “sexy bum” in front of the audience at the BBC Good Food Show.

Sky News has also asked the BBC and Wallace’s representatives for comment on these claims.

An increasing number of people have accused the presenter of inappropriate sexual comments in recent days, including a former contestant who told Sky News one remark left her crying in the toilets.

Jackie Kearney said she had been “troubled” by Wallace’s “household favourite status” as she felt he was “a bit of a sleaze behind closed doors”.

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‘If it’s just banter then why am I crying in the toilet?’

Another former contestant told Sky News the claims are just the “tip of the iceberg” when it comes to MasterChef.

He claimed to have witnessed a “toxic environment” on set and the problem was “larger” than just the presenter.

On Sunday, Wallace responded with a social media video dismissing his accusers as “middle-class women of a certain age”.

The remark prompted a huge backlash, with even Downing Street commenting.

He apologised in another clip on Monday, saying he “wasn’t in a good head space” when he posted the previous video.

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Wallace sorry for ‘middle-class women’ comments

Read more:
What are the allegations – and what has Wallace said?
‘Middle-aged women’: An epic failure in crisis management

What have the BBC and producers said?

Banijay UK has appointed law firm Lewis Silkin to lead the investigation.

A spokesperson said the company takes complaints “incredibly seriously” but will not comment on individual allegations while the external investigation is ongoing.

“It is important to note that MasterChef welfare processes are regularly adapted and strengthened and there are clear protocols to support both crew and contributors,” the Banijay spokesperson said.

“These include multiple ways of reporting issues, including anonymously.”

In response to reports multiple complaints had been raised with the BBC, a source for the corporation said it would not comment on individuals or any internal HR processes, but that it would be “wrong to report the BBC has done nothing if or when matters have been raised with us – not least because it is already being widely reported there were interventions in both 2017 and 2018 where action was taken”.

Last week, a BBC spokesperson said any issues raised are taken seriously and there are “robust processes in place” to deal with them.

“We are always clear that any behaviour which falls below the standards expected by the BBC will not be tolerated,” they said.

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MOBO Awards organisers reveal artists nominated for 2025 ceremony

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MOBO Awards organisers reveal artists nominated for 2025 ceremony

Ghetts, Jorja Smith and Central Cee are among the artists leading the nominations for this year’s MOBO Awards.

They all have three nods, alongside Sampha, Bashy, Cleo Sol and Odeal, while Brit record-breaker Raye is up for two awards and Beyonce, Kendrick Lamar, Nicki Minaj and Tyla are among the stars in the running for best international act.

As previously announced, the 2025 ceremony will take place in Newcastle in February. The MOBOs, which have been running since 1996, celebrate black music and culture, from established names to up-and-coming talent.

Raye (right) on stage with her grandmother after winning the Mastercard Album of the Year award during the Brit Awards 2024 at the O2 Arena, London. Picture date: Saturday March 2, 2024.
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Raye (right) on stage with her grandmother at the Brit Awards earlier this year – where she won a record six gongs. Pic: PA

For Bashy, who is also a successful actor – known for his role as Jermaine Newton in Top Boy – the nominations come following his return to music with his first album in 15 years.

The record, Being Poor Is Expensive, looks back at his childhood and has earned him a place in the shortlists for best male act, best hip-hop act, and album of the year.

He has competition from Cleo Sol’s Gold, Ghetts’s On Purpose, With Purpose, Jorja Smith’s Falling Or Flying, Sampha’s Lahai and Skrapz’s Reflection in the album category.

Little Simz was named best hip-hop act at the 2024 MOBO Awards in Sheffield. Pic: Shirlaine Forrest/Getty Images for MOBO
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Little Simz was named best hip-hop act at the 2024 ceremony. Pic: Shirlaine Forrest/Getty Images for MOBO

Both Smith and Sol are up for best female, alongside Darkoo, Little Simz, Nia Archives and Raye, while Central Cee, D-Block Europe, Ghetts, Nemzz and Sampha are in the running against Bashy for best male.

Central Cee will be hoping to take the best male gong for the third year in a row – and is also shortlisted for best drill act and song of the year, for Band4Band, featuring Lil Baby.

Other tracks in the running for song of the year are Backbone, by Chase & Status and Stormzy; Favourite Girl, by Darkoo featuring Dess Dior; Kehlani, by Jordan Adetunji; Pink Lemonade, by LeoStayTrill; and Soh-Soh, by Odeal.

Stars including Headie One, Nines, PinkPantheress, Bob Vylan and Shygirl are also in the mix, nominated in genre categories including best hip-hop, best electronic and dance, and best alternative act.

Read more:
Ghetts interview: ‘Peace is not too much to ask for’
Raye on the fight for her debut album: ‘It’s been a wild journey’

Film and TV contributions are also recognised – with Netflix series Supacell garnering nods for Ghetts for his role as Krazy, as well as for Josh Tedeku, who plays Tazer, and Tosin Cole as Michael.

EastEnders also picks up nominations in the same category for Angela Wynter as Yolande Trueman and Diane Parish as Denise Fox, while Jasmine Jobson is shortlisted for her performance in Top Boy.

The MOBO Awards take place at Newcastle’s Utilita Arena on 18 February.

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Eminem’s mother, Debbie Nelson, dies aged 69

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Eminem's mother, Debbie Nelson, dies aged 69

Debbie Nelson, the mother of rapper Eminem, has died at the age of 69.

Her death was confirmed by Eminem’s representative Dennis Dennehy on Tuesday.

The cause of death is yet to be confirmed, although Ms Nelson had battled lung cancer.

Eminem, whose real name is Marshall Mathers III, often highlighted the strained relationship he had with his mother in his music.

In two of his most popular songs, My Name Is and Cleanin’ Out My Closet, he accuses Ms Nelson of drug abuse and neglect.

Eminem performs "Without Me" at the MTV Movie Awards in Los Angeles, Saturday, June 1, 2002. (AP Photo/Mark J. Terrill)q
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Eminem mentioned his mother in various songs early in his career. Pic: AP

In the 2002 hit Cleanin’ Out My Closet he says: “Witnessin’ your mama poppin’ prescription pills in the kitchen”. He later claims she was “trying to take what you didn’t help me get”.

Later the same year, a fictionalised version of his mother who is an alcoholic, was played by Kim Basinger in the semi-autobiographical film 8 Mile which the rapper also stars in.

Ms Nelson brought and settled a pair of defamation lawsuits over Eminem’s statements about her in magazines and on radio talk shows.

But in her 2008 book My Son Marshall, My Son Eminem, she attempted to set the record straight.

The book’s blurb claims that she was a “single mother who wanted the world for her son, only to see herself defamed and shut out when he got it”, Sky News’ US partner network NBC said.

She also shared details about the rapper’s early life, writing that Eminem had forgotten the good times they had.

Read more from Sky News:
Gregg Wallace faces new claims of ‘groping’
British band Sports Team robbed at gunpoint

Over the years, the tensions between the two seemed to simmer, with the rapper apologising to Ms Nelson in his 2013 song Headlights.

“Cause to this day we remain estranged, and I hate it though,” he raps, adding: “Cause you ain’t even get to witness your grandbabies grow. But I’m sorry, momma, for Cleanin’ Out My Closet. At the time I was angry, rightfully? Maybe so. Never meant that far to take it, though.”

Ms Nelson also publicly congratulated her son in 2022 after he was indicted into the Rock and Roll Hall Of Fame, Billboard reported, saying in a video shared at the time: “I love you very much. I knew you’d get there. It’s been a long ride. I’m very, very proud of you.”

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