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.
Image: 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.
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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.”
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.
Despite The Who’s Quadrophenia being set over 60 years ago, Pete Townshend’s themes of identity, mental health, and modern masculinity are just as relevant today.
The album is having a renaissance as Pete Townshend’s Quadrophenia A Mod ballet is being brought to life via dance at Sadler’s Wells East, and Sky News has an exclusive first look.
As Townshend puts it, the album he wrote is “perfect” for the stage.
Image: Pete Townshend
“My wife Rachel did the orchestration for me, and as soon as I heard it I said to her it would make a fabulous ballet and we never really let that go,” he tells Sky News.
“Heavy percussion, concussive sequences. They’re explosive moments. They’re also romantic movement moments.”
If you identify with the demographics of Millennial, Gen Y or Gen Z, you might not be familiar with The Who and Mod culture.
But in post-war Britain the Mods were a cultural phenomenon characterised by fashion, music, and of course, scooters. The young rebels were seen as a counter-culture to the establishment and The Who, with Roger Daltry’s lead vocals and Pete Townshend’s writing, were the soundtrack.
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Quadrophenia the album is widely regarded as an essay on the British adolescent experience at the time, focusing on the life of fictional protagonist Jimmy – a young Mod struggling with his sanity, self-doubt, and alienation.
Townshend sets the rock opera in 1965 but thinks its themes of identity, mental health, and modern masculinity are just as relevant today.
He says: “The phobias and the restrictions and the unwritten laws about how young men should behave. The ground that they broke, that we broke because I was a part of it.
“Men were letting go of [the] wartime-related, uniform-related stance that if I wear this kind of outfit it makes me look like a man.”
Image: Paris Fitzpatrick and Pete Townshend. Pic: Johan Persson
This struggle of modern masculinity and identity appears to be echoing today as manosphere influencers like Andrew Tate, incel culture, and Netflix’s Adolescence make headlines.
For dancer Paris Fitzpatrick, who takes on the lead role of Jimmy, the story resonates.
Image: Paris Fitzpatrick, who takes on the lead role of Jimmy in the ballet
“I think there’s a connection massively and I think there may even be a little more revival in some way,” he tells Sky News.
“I love that myself. I love non-conforming to gender norms and typical masculinity; I think it’s great to challenge things.”
Despite the album being written before he was born, the dancer says he was familiar with the genre already.
“I actually did an art GCSE project about Mods and rockers and Quadrophenia,” he says.
“I think we’ll be able to bring it to new audiences and hopefully, maybe people will be inspired to to learn more about their music and the whole cultural movement of the early 60s.”
In 1979, the album was adapted into a film directed by Franc Roddam starring Ray Winstone and Sting but Townshend admits because the film missed key points he is “not a big fan”.
“What it turned out to be in the movie was a story about culture, about social scenario and less about really the specifics of mental illness and how that affects young people,” he adds, also complimenting Roddam’s writing for the film.
Perhaps a testament to Pete Townshend’s creativity, Quadrophenia started as an album, was successfully adapted to film and now it will hit the stage as a contemporary ballet.
It appears that over six decades later Mod culture is still cool and their issues still relatable.
Quadrophenia, a Mod Ballet will tour to Plymouth Theatre Royal from 28 May to 1 June 2025, Edinburgh Festival Theatre from 10 to 14 June 2025 and the Mayflower, Southampton from 18 to 21 June 2025 before having its official opening at Sadler’s Wells Theatre, London on 24 June running to 13 July 2025 and then visiting The Lowry, Salford from 15 to 19 July 2025.
Russell Brand has been charged with rape and two counts of sexual assault between 1999 and 2005.
The Metropolitan Police say the 50-year-old comedian, actor and author has also been charged with one count of oral rape and one count of indecent assault.
The charges relate to four women.
He is due to appear at Westminster Magistrates’ Court on Friday 2 May.
Police have said Brand is accused of raping a woman in the Bournemouth area in 1999 and indecently assaulting a woman in the Westminster area of London in 2001.
He is also accused of orally raping and sexually assaulting a woman in Westminster in 2004.
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Ashna Hurynag discusses Russell Brand’s charges
The fourth charge alleges that a woman was sexually assaulted in Westminster between 2004 and 2005.
Police began investigating Brand, from Oxfordshire, in September 2023 after receiving a number of allegations.
The comedian has denied the accusations and said he has “never engaged in non-consensual activity”.
He added in a video on X: “Of course, I am now going to have the opportunity to defend these charges in court, and I’m incredibly grateful for that.”
Metropolitan Police Detective Superintendent Andy Furphy, who is leading the investigation, said: “The women who have made reports continue to receive support from specially trained officers.
“The Met’s investigation remains open and detectives ask anyone who has been affected by this case, or anyone who has any information, to come forward and speak with police.”
Tom Cruise has paid tribute to Val Kilmer, wishing his Top Gun co-star “well on the next journey”.
Cruise, speaking at the CinemaCon film event in Las Vegas on Thursday, asked for a moment’s silence to reflect on the “wonderful” times shared with the star, whom he called a “dear friend”.
Kilmer, who died of pneumonia on Tuesday aged 65, rocketed to fame starring alongside Cruise in the 1986 blockbuster Top Gun, playing Tom ‘Iceman’ Kazansky, a rival fighter pilot to Cruise’s character Maverick.
Image: Tom Cruise said ‘I wish you well on the next journey’. Pic: AP
Image: Val Kilmer in 2017. Pic: AP
His last part was a cameo role in the 2022 blockbuster sequel Top Gun: Maverick.
Cruise, on stage at Caesars Palace on Thursday, said: “I’d like to honour a dear friend of mine, Val Kilmer. I can’t tell you how much I admire his work, how grateful and honoured I was when he joined Top Gun and came back later for Top Gun: Maverick.
“I think it would be really nice if we could have a moment together because he loved movies and he gave a lot to all of us. Just kind of think about all the wonderful times that we had with him.
“I wish you well on the next journey.”
The moment of silence followed a string of tributes from Hollywood figures including Cher, Francis Ford Coppola, Antonio Banderas and Michelle Monaghan.
Kilmer’s daughter Mercedes told the New York Times on Wednesday that the actor had died from pneumonia.
Image: Tom Cruise at Caesars Palace on Thursday. Pic: AP
Diagnosed with throat cancer in 2014, Kilmer discussed his illness and recovery in his 2020 memoir Your Huckleberry and Amazon Prime documentary Val.
He underwent radiation and chemotherapy treatments for the disease and also had a tracheostomy which damaged his vocal cords and permanently gave him a raspy speaking voice.
Kilmer played Batman in the 1995 film Batman Forever and received critical acclaim for his portrayal of rock singer Jim Morrison in the 1991 movie The Doors.
He also starred in True Romance and Kiss Kiss Bang Bang, as well as playing criminal Chris Shiherlis in Michael Mann’s 1995 movie Heat and Doc Holliday in the 1993 film Tombstone.
In 1988 he married British actress Joanne Whalley, whom he met while working on fantasy adventure Willow.
The couple had two children before divorcing in 1996.