Expert: ‘Sheeran Has Cause for Concern’ in Plagiarism Case

05/01/2023

Media contacts: Emily Gowdey-Backus, Emily_GowdeyBackus@uml.edu, and Nancy Cicco, Nancy_Cicco@uml.edu

As testimony continues this week in a plagiarism lawsuit pitting pop star Ed Sheeran’s “Thinking Out Loud” against Marvin Gaye’s soul classic “Let’s Get it On,” a UMass Lowell musicologist said Sheeran has reason to worry.

“I think Sheeran has cause for concern, though it seems to me the production behind ‘Thinking Out Loud’ is the infringement, not the song itself,” said Professor Alan Williams, a music business expert. “What the Sheeran and other recent lawsuits are grappling with is the similarity of recorded performance – instrument arrangement, tempo, audio mix, etc. The songs are similar along more traditional elements, such as the harmonies, but also most predominantly the arrangement – more than the melody, it’s the bass line that is nearly identical.”

Sheeran testified last week in federal court in Manhattan, as his lawyers seek to have the case dismissed. They argue no copyright infringement exists in Sheeran’s 2014 hit, co-written by Amy Wadge, and Gaye’s 1973 song, co-written with Ed Townsend. His daughter, Kathryn Townsend Griffin, among the heirs of his estate, filed the lawsuit in 2017, which claims there are striking similarities between the two songs and seeks $100 million.

The case turns on whether certain chord progressions, rhythm patterns and harmonies are considered within the public domain or whether they can be owned by the composer. But, the way the two songs are arranged and recorded may muddy the water and become problematic, according to Williams, who holds advanced degrees in ethnomusicology.  

“Copyright law was written before recorded performance became dominant over the song itself. Though amended over time, it still retains this emphasis on melody, harmony and lyrics,” Williams said.

Williams is available to discuss:

• The similarities and differences between the two songs
• Other song plagiarism cases, including the 2013 lawsuit in which Gaye’s estate successfully sued artists Robin Thicke, Pharrell Williams (no relation), and T.I., claiming copyright infringement of the trio’s “Blurred Lines” to Gaye’s 1977 hit “Got to Give it Up.”
• How such legal decisions could affect recorded performances in the future.

Williams leads UMass Lowell’s music business program, where he shares his talents and knowledge as a songwriter, bandleader, sound engineer and record producer with students, many of whom will become the profession’s next generation of leaders. 

To arrange an interview with him, contact Emily Gowdey-Backus or Nancy Cicco.