Pryor Cashman Wins Appeal in Landmark “Thinking Out Loud” Copyright Case On Behalf of Ed Sheeran
Pryor Cashman secured a precedent-setting decision from the Second Circuit Court of Appeals on November 1, 2024 on behalf of its clients, Ed Sheeran, Sony Music Publishing, Atlantic Records, and others, affirming District Court Judge Stanton’s decision on reargument, in which he granted summary judgment in favor of Defendants, finding that Sheeran’s hit song “Thinking Out Loud” did not copy from “Let’s Get It On.”
In a 28-page opinion, the Second Circuit concluded that the allegedly infringing material – a chord progression and the syncopated rhythm at which it was played – were basic musical building blocks found in prior art and were not original enough to be protectable, either individually or in combination. The Court also ruled, consistent with the Sixth and Ninth Circuits, that the scope of copyright for a musical composition registered under the 1909 Copyright Act is limited to the sheet music deposited with the Copyright Office.
In a statement, Pryor Cashman Partner Donald S. Zakarin explained: "We are gratified that the Second Circuit agreed with Judge Stanton that Ed Sheeran and [Ed’s co-author] Amy Wadge did not infringe ‘Let’s Get It On’ in creating ‘Thinking Out Loud,’” and noted the ruling was “consistent with the jury’s rejection of any claim of infringement in the Griffin case [a case won by the same Pryor Cashman team in May 2023], finding that Ed and Amy independently created “Thinking Out Loud.”
Sheeran and all other defendants (Sony Music Publishing, Atlantic Records, BDi Music, Bucks Music Group, The Royalty Network, David Platz Music (USA), Amy Wadge and Jake Gosling) were represented by Pryor Cashman Partners Donald S. Zakarin, Ilene S. Farkas, and Andrew M. Goldsmith, and Associate Brian M. Maida.
The firm’s win was featured in numerous outlets, including The New York Times, Billboard, Rolling Stone, People, Law360, Bloomberg Law, and Courthouse News Service.
