British singer-songwriter Ed Sheeran is back in court in New York City today, Monday May 1, as he faces the second week of a trial having been accused of ripping off the Marvin Gaye classic - 'Let's Get it On'.
The Suffolk-born singer was spotted outside the federal court with his guitar, having played his song in question 'Thinking Out Loud' to the court last week in an effort to convince them he had not lifted parts of the 1973 soul classic.
However, the family of Gaye's co-writer, Ed Townsend, have argued there are "striking similarities" between the two songs. His estate is suing Ed Sheeran for $100 million as a result of the claims. The Townsend family and their attorney Benjamin Crump, were also spotted outside the court on Monday.
Testimonies from witnesses began last Tuesday, April 25, with the trial, at the time, expected to last around a week. Ed Sheeran testified himself on Thursday, April 27, as the first to take the stand as part of his defence at Manhattan's federal court.
During his testimony, Ed Sheeran talked about his process for writing the song, which has become a popular choice for newly married couples at receptions, after he began a new romantic relationship and following the death of his grandfather.
He explained: "I draw inspiration a lot from things in my life and my family."
Ed Sheeran explained he and his friend and collaborator Amy Wadge had the first ideas for the song and started strumming the chords on a visit to his home near Framlingham, Suffolk. While on the stand he sang a phrase which was originally sung in that songwriting session - "I'm singing out now."
He said the phrase sounded like "I'm thinking out loud" which then became the title of the hit song. He then picked up a guitar from behind the witness standing, playing the chord progression and singing the opening words of the song: "When your legs don't work like they used to before".
However, lawyer Benjamin Crump showed a video of Ed Sheeran seamlessly transitioning between 'Thinking Out Loud' and 'Let's Get it On' at a live show in Zurich - saying they amounted to a confession that he had, in fact, ripped off the Marvin Gaye classic.
"We have a smoking gun", he said, adding that the case was about "giving credit where credit is due."
But Sheeran responded to the accusation telling the jury he regularly combines songs and plays mash-ups at numerous gigs as part of his performances.
"I mash up songs at longs of gigs. Many songs have similar chords. You can go from 'Let It Be' to 'No Woman No Cry' and switch back," he said.
"And quite frankly, if I'd done what you're accusing me of doing, I'd be quite an idiot to stand on a stage in front of 20,000 people and do that."
'Thinking Out Loud' topped both the UK and US charts, and was his highest-charting single in North America until 'Shape of You' topped the charts in 2017. That same year that 'Shape of You' came out was the year the Townsend family sued Sheeran for copyright infringement.
If Sheeran is found liable for copyright infringement, the trial will enter a second phase to determine just how much he owes. This latest trial comes just a year after the pop superstar was cleared in London over claims he had copied one of his biggest hits 'Shape Of You'.
