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Ed Sheeran Prevails in Music Copyright Infringement Case
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May 20, 2024
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A playful mashup by Ed Sheeran of his and Amy Wadge’s song “Thinking Out Loud” and Marvin Gaye and Ed Townsend’s “Let’s Get it On” at a concert, which a fan uploaded onto YouTube, led to a high-profile music copyright dispute that lasted several years.
Our Impact
- FTI Consulting supported Ed Sheeran and additional fact witnesses with expert and strategically placed audiovisual presentations that helped the jury evaluate differences in music.
- Thanks to FTI Consulting’s help, following a six-day trial in May 2023, the jury unanimously determined that Ed Sheeran and Amy Wadge’s song was independently created and did not infringe on the work of Marvin Gaye and Ed Townsend.
- Ilene Farkas, who led Pryor Cashman LLP’s defense team, called FTI Consulting’s work “indispensable,” adding that such cases require “jurors be presented with evidence they can see and hear, and FTI Consulting’s aural and visual demonstratives were critically important.”
Our Role
- Sheeran’s legal counsel Pryor Cashman LLP engaged FTI Consulting’s Trial & Arbitration Support consultants to ensure a smooth presentation in the courtroom after Sheeran, Warner Music Group and Sony Music were sued by the estate of Ed Townsend for copyright infringement on the Grammy Award-winning 2014 hit song.
- Our experts worked with a musicologist to highlight differences between the two works through on-screen demonstrations and share numerous examples of prior songs with the same chord progression.
- FTI Consulting experts also helped prepare a live keyboard performance for the witness stand.
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Published
May 20, 2024
Key Contacts
Senior Managing Director, Global Lead of Trial & Arbitration Support
Managing Director