Ed Sheeran Wins Copyright Appeal Over ‘Let’s Get It On’

Ed Sheeran has come out victorious in an appeal case involving his 2014 song "Thinking Out Loud," with the U.S. Court of Appeals for the Second Circuit ruling that it did not infringe the copyright of Marvin Gaye's "Let's Get It On."

Sheeran was first accused of musical plagiarism in 2016 by the family of Ed Townsend, who co-wrote "Let's Get It On." That suit was dismissed in 2017, but was followed in 2018 by another suit filed by Structured Asset Sales, a company that owns part of the 1973 song's royalties, claiming Sheeran copied Gaye's chord progression and rhythm.

On Friday, the court deemed that the two songs share only "fundamental musical building blocks" and that to rule in favor of Structured Asset Sales would be detrimental to artists' creativity everywhere.

READ MORE: How Marvin Gaye's 'What's Going On' Transformed Worry Into Faith

"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," the judges said in their ruling (via Billboard). "Overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law."

Other Copyright Lawsuits

Sheeran and Gaye are just one example of high-profile plagiarism lawsuits that have surfaced in recent years. In 2020, after years of litigation, a court ruled that Led Zeppelin's "Stairway to Heaven" did not infringe on the copyright of a 1968 song called "Taurus" by Spirit.

In 2015, Tom Petty's name was awarded a co-writing credit for Sam Smith's 2014 hit "Stay With Me" due to similarities between it and Petty's "I Won't Back Down."

"All my years of songwriting have shown me these things can happen," Petty said in a statement at the time.

25. Donny Hathaway, 'Live' (1972)

Despite his 1969 soul classic "The Ghetto," Donny Hathaway never got a chance to become bigger. He killed himself in 1979 at 33, leaving behind a small but excellent catalog. His 1970 self-titled debut and 1973's 'Extension of a Man' are essential listens for fans; in between those two LPs he released his best work, the 1972 concert album 'Live,' which was recorded on both coasts. He covers pop ("You've Got a Friend") and soul ("What's Going On") songs from the era and delivers a 12-minute version of "The Ghetto" that baptizes the audience in sweat and tears.

24. Al Green, 'The Belle Album' (1977)

Al Green switched up some things for his 12th LP. He produced himself, with no help from Willie Mitchell. He used different session musicians. And he'd recently converted to Christianity, which steered his music into a whole new direction within a couple years. So it's little surprise 'The Belle Album' sounds unlike anything else in Green's illustrious catalog. But it's nonetheless a gorgeous record, highlighted by Green's new, more laid-back style and a calming, warm intimacy.

23. Millie Jackson, 'Caught Up' (1974)

Millie Jackson got high concept on her fourth LP, 'Caught Up.' Side One is told from the point of a view of a woman having an affair with a married man; Side Two shifts to the jilted wife's perspective. Backed by the Muscle Shoals Rhythm Section, Jackson burns with passion on songs like "(If Loving You Is Wrong) I Don't Want to Be Right" and "I'm Through Trying to Prove My Love to You." She was occasionally hindered in her career by spoken-word passages and an explicitness that took focus away from her voice. Here, it all comes together.

22. Gil Scott-Heron, 'Pieces of a Man' (1971)

Poet Gil Scott-Heron's first album was a live set in 1970 spotlighting his spoken-word performances. In 1971, he released a studio record – with guitar, drums, bass, piano and saxophone backing – that approached more familiar song structures. The result is a work that was a great influence on hip-hop over the coming decades. "The Revolution Will Not Be Televised" is the centerpiece and became an anthem for a disillusioned generation. But there's more here that explores the blurred lines that linked funk, soul, jazz and electronic music.

21. James Brown, 'The Payback' (1973)

In 1973, James Brown was commissioned to score a blaxploitation movie called 'Hell Up in Harlem.' For some reason, and accounts vary, the movie's producers rejected the music. So Brown released the work as his 37th album and was promptly rewarded with his only gold studio LP. The funk-soaked title track rocketed to No. 1 on the R&B chart and, along with other tracks from the album, has become a favorite of hip-hop producers over the years. Brown is one of the all-time greatest singles artists, but 'The Payback' remains a milestone album in his long career.

20. Stevie Wonder, 'Music of My Mind' (1972)

After more than a dozen albums, Stevie Wonder was given complete creative control of his work in 1972. 'Music of My Mind' kicked off one of the greatest runs in popular music, which ran through the rest of the decade. Later triumphs like 'Innervisions' and 'Songs in the Key of Life' can be traced back to songs like "Superwoman (Where Were You When I Needed You)" here. In addition to coproducing and cowriting the LP, Wonder also played most of the instruments on it, helping launch a new era for Motown and soul music in the process.

19. The O'Jays, 'Back Stabbers' (1972)

The O'Jays were from Canton, Ohio, but no group epitomized the Philly sound more. They had been releasing records for more than a decade when Philadelphia International Records cofounders Kenneth Gamble and Leon Huff supplied them with some of their greatest songs, including the title track and "Love Train." The resulting album remains the highlight of the label's history and a key ingredient in '70s soul. Everyone returned a year later for the also-great 'Ship Ahoy.'

18. Isaac Hayes, 'Shaft' (1971)

The wah-wah-powered hit "Theme From 'Shaft'" is the centerpiece of Isaac Hayes' No. 1 soundtrack album from 1971, which helped kick off the blaxploitation industry. But there's more to the double LP than that. Hayes made his name in the '60s as a songwriter, producer and session player at Stax Records, effectively serving as a chief architect of the genre's evolution from R&B into soul. The 'Shaft' album is cinematic, which is expected given its source, but it's also a cornerstone soul, funk and disco record guided by Hayes' deft and experienced hand.

17. The Isley Brothers, '3+3' (1973)

The Isley Brothers expanded to a six-piece for their 11th album – including younger sibling, guitarist Ernie, who lived with Jimi Hendrix for a while. The late guitar hero's influence is all over '3+3,' especially the hit "That Lady" and a soaring take on Seals and Crofts' "Summer Breeze." The Doobie Brothers and James Taylor are also covered here, but everything is wrapped in the Isleys' silky sheen. They were always a great singles band; on '3+3' they became a great album one.

16. Stevie Wonder, 'Fulfillingness' First Finale' (1974)

Basically a companion to the previous year's 'Innervisions,' 'Fulfillingness' First Finale' shrinks Stevie Wonder's worldview to a more insular perspective. The music is more intimate, too, with Wonder again handling much of the instrumentation himself. "You Haven't Done Nothin'" goes a bit wider, recruiting the Jackson 5 for a Richard Nixon slap-down, but most of the songs settle into a more meditative pace. Two years later, he returned with his masterpiece.

15. Aretha Franklin, 'Amazing Grace' (1972)

After a run of classic albums and singles in the late '60s, Aretha Franklin returned to her roots: Specifically, she went back to church. Recorded live in Los Angeles with a gospel choir, 'Amazing Grace' found the Queen of Soul tearing through a set of standards like "Mary, Don't You Weep" along with spiritual-leaning contemporary songs like Marvin Gaye's "Wholy Holy." The album was a huge hit, earning Franklin a Grammy and the best-selling album of her career. The performances were the source of a documentary that sat unfinished on a shelf for more than 45 years.

14. Marvin Gaye, 'Here, My Dear' (1978)

When Marvin Gaye divorced wife Anna, the sister of his Motown boss Berry Gordy, the settlement agreement involved handing over royalties for his next album. So he intentionally set out to make an uncommercial double LP documenting their broken relationship. On one hand, his ploy worked: 'Here, My Dear' wasn't a hit. But in the years since its release, it's not only become one of Gaye's all-time greatest works but also the best soul album from the last part of the '70s. The backstory is undoubtedly great; the album itself is even greater.

13. Sly and the Family Stone, 'Fresh (1973)

Two years after the landscape-shifting 'There's a Riot Goin' On,' Sly and the Family Stone returned with a more wide open version of it. The big difference here: Sly Stone invited his bandmates to help out, which transformed 'Riot''s dark claustrophobia into sunnier perspectives. Still, Sly Stone turned a corner in 1971, and there was no going back. 'Fresh' was the group's last hit LP; the original lineup would disintegrate after one more record. This is their last hurrah.

12. Al Green, 'Let's Stay Together' (1972)

Between January 1972 and April 1973, Al Green released three classic albums. This was the first of them. Green and producer Willie Mitchell had been working since the late '60s to find a signature sound for the singer. They nailed it on 'Let's Stay Together,' which includes Green's only No. 1 pop song (the title track) and his slow-burning cover of Bee Gees' "How Can You Mend a Broken Heart?" Southern soul peaked in the '60s; Green and Mitchell ensured it wouldn't completely disappear in the '70s.

11. Al Green, 'I'm Still in Love With You' (1972)

The middle album of the trio of classics Al Green released during a 15-month stretch in 1972-73 is, in some ways, the most conventional. But it's actually the binding that holds them all together. It's the most relaxed of the group and the one that sounds the most effortless today. The title track was another huge hit, and "Love and Happiness" is one of his all-time best songs. The Roy Orbison cover seems kinda pointless, but the Kris Kristofferson one builds over six-and-a-half sultry minutes. Few matched Green's skill with a song at the time: 'I'm Still in Love With You' is proof.

10. Curtis Mayfield, 'Curtis' (1970)

After a dozen years in the Impressions, Curtis Mayfield launched a solo career with a record that helped define soul music for the new decade. 'Curtis' was socially aware, chronicling the Black and Vietnam experiences, and musically adventurous, branching out into psychedelia and funk. Songs like "(Don't Worry) If There's a Hell Below, We're All Going to Go," "We the People Who Are Darker Than Blue" and "Move On Up" ended up influencing generations of artists, but its affect on Mayfield's contemporaries was almost immediately felt.

9. James Brown, 'Sex Machine' (1970)

James Brown helped shape several soul offshoots in the '60s; he started the '70s with one of his best albums. 'Sex Machine' claims to be a concert recording – considering the success of Brown's classic 1962 LP 'Live at the Apollo,' the selling point is obvious – but is, actually, mostly made up of studio recordings overdubbed with audience applause. Either way, it features Brown and his band at their peak, especially on an almost 11-minute version of "Get Up I Feel Like Being a Sex Machine" that signaled a new direction for soul music in the coming decade.

8. Al Green, 'Call Me' (1973)

During a 15-month stretch in 1972-73, Al Green released three classic soul albums that are pretty much interchangeable: You really can't go wrong with any of them. That run capped with 'Call Me,' Green's greatest achievement. The title track, "Here I Am (Come and Take Me)" and "You Ought to Be With Me" all reached the Top 10. But Green also threw in Hank Williams and Willie Nelson covers, bridging country and R&B's shared roots. His singing was never better.

7. Marvin Gaye, 'Let's Get It On' (1973)

Marvin Gaye steered in the opposite direction for the proper follow-up to 1971's sociopolitical 'What's Going On.' (The 1972 soundtrack to the blaxploitation movie 'Trouble Man' was mostly instrumental.) After trying to change the world, the soul legend was ready to relax a bit. The title track, a No. 1 hit, is all bedroom talk, but he didn't stop there. "Keep Gettin' It On," "You Sure Love to Ball" and "Just to Keep You Satisfied" tell you all you need to know about Gaye's state of mind in 1973. A baby-making classic.

6. Curtis Mayfield, 'Super Fly' (1972)

Like many soundtrack albums for blaxploitation movies from the era, 'Super Fly' transcended its big-screen source. And more than his contemporaries, Curtis Mayfield built an entire album around the film's characters and plot: "Pusherman," "Freddie's Dead." In many ways, Mayfield's 'Super Fly' survives on its own as a concept album about drugs and the street. The bigger picture is closer to Marvin Gaye's 'What's Going On' – a song cycle about the aftereffects of Vietnam, '60s disillusionment and the civil-rights movement in the new decade. Required listening.

5. Stevie Wonder, 'Talking Book' (1972)

After flexing his independence earlier the same year on 'Music of My Mind,' Stevie Wonder wasted no time doubling down on its promise. 'Music of My Mind' was a mere on-ramp to 'Talking Book,' a tour de force for the 22-year-old artist. Songs like "You Are the Sunshine of My Life" and "Superstition" ran from lovely ballads to grimy funk, all guided by Wonder's creative vision and synths. And on the sprawling closer "I Believe (When I Fall in Love It Will Be Forever)," he goes totally solo. Best part of all: He was just getting started.

4. Sly and the Family Stone, 'There's a Riot Goin' On' (1971)

Sly and the Family Stone had a spectacular 1969, releasing the great 'Stand!' LP, following it a few months later with a historic appearance at Woodstock and capping it with the No. 1 "Thank You (Falettinme Be Mice Elf Agin)." Then nothing for almost two years, when they returned with the intentionally sluggish 'There's a Riot Goin' On' – a summation of the new decade's Vietnam anxiety, Black experience and counterculture unrest. 'Riot' is essentially a Sly Stone solo LP, recorded in his bedroom with a drum machine and apparently lots of drugs. A turning point.

3. Stevie Wonder, 'Innervisions' (1973)

After 15 albums, Stevie Wonder finally reached maturity in his recording career. He was slowly inching to that point since the start of the decade, and with 'Innervisions' he secured his reputation as one of the all-time greats. It's not just the songs – "Living for the City," "Higher Ground," "Don't You Worry 'Bout a Thing" and "He's Misstra Know-It-All" are all here – but also the fact that the 23-year-old wunderkind pretty much wrote, produced and performed the entire album himself. A landmark record in the history of popular music.

2. Stevie Wonder, 'Songs in the Key of Life' (1976)

Two full-length LPs, a four-song EP and enough timeless songs to fill a greatest-hits set: Is there a more perfect album than 'Songs in the Key of Life'? Stevie Wonder had released four classic records over the past four years but left his masterpiece for the last quarter of 1976. He put everything into it – love songs, political songs, tribute songs, songs about his childhood and songs about the Black experience. Five singles hit the Top 40, but those were just the tip of the album's riches (see: "Knocks Me Off My Feet" and "Pastime Paradise" and "Black Man" and ... ).

1. Marvin Gaye, 'What's Going On' (1971)

Motown artists were turning away from their polished pop roots by the end of the '60s; by the start of the '70s some were demanding creative freedom. Marvin Gaye conceived 'What's Going On' as a song cycle chronicling the era – young men returning from war, the ongoing struggles of Black Americans and the general uncertainty of the times, including rising ecological awareness. Producing himself and working with the Funk Brothers session aces, the singer wove together nine songs (all cowritten by Gaye) that helped shape soul music in the '70s. A half-century after its release, it's hard to think of many albums that have had the lasting impact of 'What's Going On.'

Next: When Marvin Gaye Turned Environmentalist With ‘Mercy Mercy Me’