By Blake Brittain
(Reuters) – The heirs of a musician who co-wrote Marvin Gaye’s “Let’s Get It On” have agreed to drop their appeal of a U.S. jury verdict clearing British pop star Ed Sheeran of allegations his song “Thinking Out Loud” illegally copied Gaye’s classic.
A court filing on Wednesday said that songwriter Ed Townsend’s estate would withdraw the appeal with prejudice, which means it cannot be refiled.
Representatives for Sheeran, his label Warner Music Group, his music publisher Sony Music and Townsend’s estate did not immediately respond to requests for comment and more information on Thursday.
Townsend’s heirs sued Sheeran, Warner Music and Sony Music for copyright infringement in 2017, claiming Sheeran’s 2014 hit “Thinking Out Loud” copied the “heart” of Gaye’s 1973 classic including its melody, harmony and rhythm.
Sheeran’s attorneys countered in the closely watched case that any similarities between the songs involved basic musical “building blocks” that could not be copyrighted.
A jury determined after a six-day trial in May that Sheeran’s song did not infringe Townsend’s copyright in “Let’s Get It On.” Sheeran after the trial said the decision would “help protect the creative process for songwriters here in the United States and all around the world.”
Later that month, the judge who presided over the trial ruled that Sheeran also did not violate part of Townsend’s songwriting copyright owned by “Bowie Bonds” creator David Pullman’s Structured Asset Sales LLC. Pullman’s company has a separate lawsuit pending against Sheeran based on its rights in the sound recording of “Let’s Get It On.”
Structured Asset Sales did not immediately respond to a request for comment on the Wednesday court filing.
(Reporting by Blake Brittain in Washington; Editing by David Bario and Mark Porter)
