The dulcet tones of British singer Ed Sheeran filled the courtroom as day two of his copyright infringement trial resumed Wednesday.
He wasn’t giving a private concert to the jury — although one juror mouthed the words as another nodded his head to the hit song “Thinking Out Loud.”
Instead, lawyers played a pared-down version of his hit track to demonstrate similarities between his song and Marvin Gaye’s soul track “Let’s Get It On” — part of their effort to prove Sheeran stole a chord impression from the 1973 soul song written by Gaye and collaborator Ed Townsend.
Sheeran and his lawyers have argued that any similarities between “Thinking Out Loud” and “Let’s Get It On” are based on fundamental musical “building blocks” that are ineligible for copyright protection.
Dr. Alex Stewart, a music professor at the University of Vermont, led a presentation on musical theory from the stand to testify for the Townsend family.
The crux of Stewart’s testimony lie in a four-note chord progression that’s repeated through “Thinking Out Loud.” Stewart argued that the progression was almost indistinguishable, especially during the first 24 seconds of the track, when the chords don’t include an extra note.
“At this point, it would just as easily be the [chord], which is the same as ‘Lets Get It On,’” Stewart said in response to a lawyer from the Townsend’s team.
“He’s trying to manufacture a difference that doesn’t exist,” Stewart said in response to an argument from Sheeran’s team. He added: “The music could be contrived in different ways, but it would still sound the same.”
Kathryn Townsend Griffin, Ed Townsend’s daughter, appeared in court wearing a long, tan jacket with the word “Integrity” splashed in large letters across the back. She sat directly in front of Sheeran.
Outside the courtroom, she told reporters the jacket was a gift from funk musician George Clinton.
“It represents why I’m here,” Griffin said. “It represents truth and integrity.”
In opening statements Tuesday, Townsend family lawyer Ben Crump argued that a video of Sheeran performing a medley of “Let’s Get It On” and “Thinking Out Loud” showed that Sheeran blatantly copied the iconic soul track.
“If I had done what you’re saying I’ve done, I’d be an idiot to stand up on a stage and perform it for thousands,” Sheeran replied to lawyers.
The plaintiffs are Griffin, Townsend’s sister Helen McDonald, and the estate of his former wife, Christine Townsend.
Griffin said Tuesday that she wants to sue to protect the legacy of her father, who died in 2003.
“Not everything is about money and recognition when you’re doing something you love,” Griffin said on the witness stand.
The trial comes less than two weeks from the release of Sheeran’s new album, Subtract. Sheeran was quiet in court on Wednesday.
In court Tuesday, Sheeran was combative with Townsend family lawyer Keisha Rice after she pulled lyrics from his 2014 track “Take It Back,” where he sings: “You found me ripping the writtens/Out of the pages they sit in/And never once I get bitten/Because plagiarism is hidden.”
“I feel like I’m not allowed to answer the questions because you’re not going to like the answers,” Sheeran said.
Townsend’s heirs first sued Sheeran in July 2017, but the case hit legal and pandemic delays that postponed the trial until now.
Sheeran has been accused of stealing from Black musicians in numerous lawsuits and faces two more cases related to “Let’s Get It On,” brought by Structured Asset Sales LLC, which owns a third of Townsend’s rights
Gaye’s family has filed similar suits before, including a suit in 2015 against singer Robin Thicke and producer Pharrell Williams for copying Gaye’s “Got to Give It Up” on their track “Blurred Lines.”
Also present in the courtroom on Wednesday were a few fans, including Laura, an attorney who traveled from her home in Brazil to attend the trial, and Laurie, a Long Island resident who’s letting Laura crash on her couch.
“We just came to support him,” Laurie said.