Ed Sheeran Persuades Court to Uphold 'Thinking Out Loud' Decision in Copyright Appeal Case: Report

• A federal appeals court ruled on Friday, Nov. 1 that Ed Sheeran did not infringe the copyright to Marvin Gaye’s 1973 classic “Let’s Get It On” with his 2014 track “Thinking Out Loud”
• Reuters first reported the court’s decision
• According to the court, the pair of songs share only “fundamental musical building blocks” that cannot be owned by any individual songwriter

Ed Sheeran did not infringe the copyright to Marvin Gaye‘s 1973 classic “Let’s Get It On” with his 2014 hit “Thinking Out Loud,” according to a federal appeals court. The ruling, made on Friday, Nov. 1, was first reported by Reuters.

According to Billboard, the U.S. Court of Appeals for the Second Circuit — which issued its decision more than a decade since the pop star’s hit was released — said that the pair of songs share only “fundamental musical building blocks” that cannot be owned by any individual songwriter.

In the ruling, the court rejected an infringement lawsuit filed by Structured Asset Sales, a company that owns a small stake in the rights to Gaye’s hit.

In the case, it was argued that Sheeran, 33, allegedly copied a chord progression and rhythm from Gaye’s song, but the appeals court said the lawsuit was essentially grappling with “a monopoly over a combination of two fundamental musical building blocks.”

“The four-chord progression at issue—ubiquitous in pop music—even coupled with a syncopated harmonic rhythm, is too well-explored to meet the originality threshold that copyright law demands,” several appeals court judges wrote, per Billboard. “Overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law.”

Per Billboard, the appeals court also ruled that Sheeran and Gaye’s songs were not identical enough to elicit copyright infringement: “Neither the melody nor the lyrics of ‘Thinking Out Loud’ bears any resemblance to those in ‘Let’s Get It On.’ Undeniable and obvious differences exist between them.”

Since “Thinking Out Loud’s release in 2014, Sheeran has faced several lawsuits for the track, which was co-written by Amy Wadge. He was initially sued in 2017 by the heirs of the late songwriter Ed Townsend, who wrote the soul hit that was later recorded by Gaye. Kathryn Griffin Townsend, his daughter and only living direct heir, was the plaintiff leading the civil trial.

That case ended in May 2023, and Sheeran was not found liable.

“I feel like the truth was heard and the truth was believed,” the “Shape of You” hitmaker exclusively told PEOPLE following the decision at the time. “It’s nice that we can both move on with our lives now — it’s sad that it had to come to this.”

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Although the ruling made for the lawsuit on Friday, Nov. 1 is over, Sheeran is facing another lawsuit from SAS that seeks to find copyright infringement when it comes to the sound recording of “Let’s Get It On” instead of the written music. However, that case was put on hold as the earlier lawsuit was being decided.

In a statement to Billboard, SAS owner Pullman was critical of the court for analyzing “two songs out of over 60 million registered songs” in order to make its decision.

Sheeran’s attorney Donald Zakarin told PEOPLE that he and his clients were “gratified” by the court’s decision.

“This ruling is consistent with the jury’s rejection of any claim of infringement in the [earlier] case, finding that Ed and Amy independently created ‘Thinking Out Loud,’” he said.