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.
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.
Actor James Norton, who stars in a new film telling the story of the world’s first “test-tube baby”, has criticised how “prohibitively expensive” IVF can be in the UK.
In Joy, the star portrays the real-life scientist Bob Edwards, who – along with obstetrician Patrick Steptoe and embryologist Jean Purdy – spent a decade tirelessly working on medical ways to help infertility.
The film charts the 10 years leading up to the birth of Louise Joy Brown, who was dubbed the world’s first test-tube baby, in 1978.
Norton, who is best known for playing Tommy Lee Royce in the BAFTA-winning series Happy Valley, told Sky News he has friends who were IVF babies and other friends who have had their own children thanks to the fertility treatment.
“But I didn’t know about these three scientists and their sacrifice, tenacity and skill,” he said. The star hopes the film will be “a catalyst for conversation” about the treatment and its availability.
“We know for a fact that Jean, Bob and Patrick would not have liked the fact that IVF is now so means based,” he said. “It’s prohibitively expensive for some… and there is a postcode lottery which means that some people are precluded from that opportunity.”
Now, IVF is considered a wonder of modern medicine. More than 12 million people owe their existence today to the treatment Edwards, Steptoe and Purdy worked so hard to devise.
But Joy shows how public backlash in the years leading up to Louise’s birth saw the team vilified – accused of playing God and creating “Frankenstein babies”.
Bill Nighy and Thomasin McKenzie star alongside Norton, with the script written by acclaimed screenwriter Jack Thorne and his wife Rachel Mason.
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The couple went through seven rounds of IVF themselves to conceive their son.
While the film is set in the 1970s, the reality is that societal pressures haven’t changed all that much for many going through IVF today – with the costs now both emotional and financial.
“IVF is still seen as a luxury product, as something that some people get access to and others don’t,” said Thorne, speaking about their experiences in the UK.
“Louise was a working-class girl with working-class parents. Working class IVF babies are very, very rare now.”
In the run-up to the US election, Donald Trump saw IVF as a campaigning point – promising his government, or insurance companies, would pay for the treatment for all women should he be elected. He called himself the “father of IVF” at a campaign event – a remark described as “quite bizarre” by Kamala Harris.
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Bill Nighy ‘proud’ of new film on IVF breakthrough
“I don’t think Trump is a blueprint for this,” Norton said. “I don’t know how that fits alongside his questions around pro-choice.”
In the UK, statistics from fertility regulator HEFA show the proportion of IVF cycles paid for by the NHS has dropped from 40% to 27% in the last decade.
“It’s so expensive,” Norton said. “Those who want a child should have that choice… and some people’s lack of access to this incredibly important science actually means that people don’t have the choice.”
Joy is in UK cinemas from 15 November, and on Netflix from 22 November
Cillian Murphy and his wife Yvonne McGuinness have bought a cinema the Oscar-winning actor used to visit as a child.
The couple will refurbish The Phoenix Cinema in Dingle, County Kerry, south-west Ireland, next year.
The venue, which had previously been used as a dance hall, had been in operation for more than 100 years, and on the market for three before Murphy and McGuinness bought the building.
Oppenheimer and Peaky Blinders star Murphy, from Cork, said: “I’ve been going to see films at The Phoenix since I was a young boy on summer holidays.
“My dad saw movies there when he was a young man before me, and we’ve watched many films at The Phoenix with our own kids. We recognise what the cinema means to Dingle.”
McGuinness added: “We want to open the doors again, expand the creative potential of the site, re-establishing its place in the cultural fabric of this unique town.”
The Phoenix is the only cinema in the tourist area of the Dingle Peninsula, and without it, the closest other movie theatre for residents of the town is in Tralee, almost 30 miles away.
It opened in 1919 and was reconstructed twice in the decades that followed, after fires damaged the building.
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Its previous owners struggled to keep The Phoenix going amid the COVID-19 pandemic and shut the cinema’s doors in November 2021, citing rising costs, falling attendance and challenging exhibition terms.
Murphy took awards season by storm this year, winning a Golden Globe, a Bafta and an Oscar for his performance as the titular character in Oppenheimer.
Next year, he will reprise one of his most well-known roles by playing Tommy Shelby in a movie version of Peaky Blinders.
Ed Sheeran helped Ipswich Town to sign a player over the summer just before getting on stage with Taylor Swift, according to the club’s chief executive.
Mark Ashton claims the pop star got on a video call to encourage a prospective new signing to seal his move to the East Anglia outfit.
He did not reveal the player’s name, but said he is “certainly scoring a few goals” and is a fan of Sheeran, who is a minor shareholder at his hometown club.
“Ed jumped on a Zoom call with him at the training ground, just before he stepped on stage with Taylor Swift,” Ashton told a Soccerex industry event in Miami.
“Hopefully that was a key part in getting the player across the line.”
Sheeran and pop icon Swift were on stage together on 15 August at Wembley Stadium, one day before Sammie Szmodics signed from Blackburn.
After scoring an overhead kick in Ipswich’s 2-1 win over Tottenham this month, he shared a picture of himself with Sheeran on Instagram.
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