Singer Ed Sheeran played his guitar and sang on the stand Thursday as part of his testimony in a copyright infringement trial about whether his smash single “Thinking Out Loud” copied the classic Marvin Gaye song “Let’s Get It On.”
Singer Ed Sheeran played the opening line of “Thinking Out Loud” in an attempt to rebut the testimony of the plaintiff’s expert witness, Alexander Stewart.
Stewart is a music expert called by the plaintiffs. On Wednesday, Stewart claimed the chords Sheeran played in the first 24 seconds of the song were “virtually identical” to “Let’s Get It On.”
Sheeran denied he played the chords in the way Stewart described, and played the two versions to show the difference.
“It helps his argument, obviously,” Sheeran said. “It works very, very, well for him, but it’s not the truth.”
Singer Ed Sheeran was previously briefly called to testify Tuesday by attorney Keisha Rice, who represents the heirs of Ed Townsend, who co-wrote the song “Let’s Get it on,” with Marvin Gaye.
During his earlier testimony, the musician said the idea of creating the medley was “probably mine.” He said if he had indeed copied “Let’s Get It On,” then he “would’ve been an idiot to stand on stage in front of 20,000 people.”
Defense attorneys did not cross-examine Sheeran on Tuesday.
Kathryn Townsend Griffin, daughter of singer and songwriter Ed Townsend, speaks outside New York Federal Court during a copyright infringement trial against singer Ed Sheeran, Wednesday, April 26, 2023, in New York.
Sheeran is accused of copying “Let’s Get It On” by the heirs of Ed Townsend, who co-wrote the 1973 hit with Gaye. Townsend’s daughter Kathryn Townsend Griffin, sister Helen McDonald and the estate of his former wife, Cherrigale Townsend, are the listed plaintiffs on the “Thinking Out Loud” case. Gaye died in 1984 and Townsend died in 2003.
Sheeran’s legal team has argued throughout the week that the sounds used in both songs are common in pop music.
In his opening statement Tuesday, Townsend attorney Ben Crump noted Sheeran played his ballad and Gaye’s song back-to-back in a medley during a concert, and called the moment a “smoking gun.”