The copyright controversy over Ed Sheeran’s hit “Shape of You” has been ongoing for four years, with Sheeran recently returning to court to defend the song’s originality.
“Shape of You,” a pop-dance and tropical house track, describes Sheeran’s infatuation with a girl he meets in a bar. The song debuted at the top of the charts in 30 countries, including the U.S. Billboard Hot 100, and dominated streaming platforms, becoming the most-played song on Spotify and reaching over 2 billion streams. It also ranks as the second most-watched music video on YouTube, just behind “Despacito” by Luis Fonsi and Daddy Yankee.
However, musicians Sami Chokri and Ross O’Donoghue claimed that Sheeran’s song bore musical similarities to their 2015 track “Oh Why.” Due to these accusations, Sheeran and his co-writers, Steven McCutcheon and Johnny McDaid, were temporarily blocked by music licensing agency PRS for Music from receiving an estimated £20 million in royalties from “Shape of You” broadcasts and performances.
The ongoing case is currently being reviewed by the London High Court, marking a critical stage in the legal battle. In 2018, Sheeran, McDaid, McCutcheon, and their associated music companies pursued legal action against Chokri and O’Donoghue to seek a ruling that “Shape of You” did not infringe on “Oh Why.” In response, Chokri and O’Donoghue filed a counterclaim, alleging copyright violation and requesting damages and profit shares.
During this dispute, the Performing Rights Society (PRS), which collects royalties for artists, paused royalty payments for Sheeran, McDaid, and McCutcheon.
This is not the first copyright dispute involving Sheeran’s popular songs. His hit “Thinking Out Loud” also faced allegations of similarity with Marvin Gaye’s “Let’s Get It On.” Judge Stanton observed similarities in chord progressions, melody, and rhythm, noting that “Thinking Out Loud” appeared to mirror elements from “Let’s Get It On.”
Another case involved “The Rest of Our Life,” a song Sheeran co-wrote for Tim McGraw and Faith Hill. Australian artists claimed it was based on their 2014 track “When I Found You.”
In 2017, Sheeran successfully defended his song “Photograph” against copyright claims that it borrowed from “Amazing.” Winning this case saved Sheeran from potentially paying over $20 million in damages.
Because the commercial recording of “Let’s Get It On” could not be played at the trial, the jury listened to an electronic “realization” of the melody with a robotic voice.
The jury ultimately ruled in Ed Sheeran’s favor, finding that he and his collaborator Amy Wadge wrote “Thinking Out Loud” independently and did not infringe upon the composition by Marvin Gaye and Ed Townsend. The jury did not make any findings regarding the selection and arrangement of elements in the two songs.
Structured Asset Sales had previously filed two additional lawsuits in 2018, alleging that “Thinking Out Loud” infringed on “Let’s Get It On.” The first case was dismissed by the district court judge following Sheeran’s courtroom victory and was subsequently appealed. The second case, involving a new copyright registration of “Let’s Get It On” based on the recording, was paused by another judge pending the outcome of this appeal.
