Musicology

As pretty much everyone knows, Ed Sheeran was found not to have copied “Let’s Get It On” in creating “Thinking Out Loud.” More specifically, the first of several questions on the jury form was, “Did Sheeran establish… that he independently created Thinking Out Loud…?” to which the jury answered yes, and put down their pencils. …

Influence is not infringement. Nor is it copying. Nor should artists need to pretend they’re influenced by nobody, lest they get sued. When the Jonas Brothers say they’re influenced by the records that played in their house growing up, let them. And when you think you hear those bands in “The Album” (that’s what they …

Copyright has seen this movie before, a new technology comes along that lowers the barriers to getting stuff for free, and rightsholders, not unreasonably, panic. And then, they litigate, like “dinosaurs suing to prevent the ice age,” as I’ve heard it put. But the tech always wins, pretty much. My first instinct is to take …

Not quite two weeks after Ed Sheeran was found not to have copied Marvin Gaye’s “Let’s Get It On,” the same judge, yesterday, dismissed a second case with a different plaintiff, Structured Asset Sales, which owns a stake in “Let’s Get It On” as well. “Let’s Get It On” v. “Thinking Out Loud” is the …

The main takeaway from the Ed Sheeran “Thinking Out Loud” vs “Let’s Get It On” case is probably, “Why did this make it all the way to trial?” First, though, let’s remind ourselves we could be in far worse places. “Not liable” was the right verdict. We’re not now left picking up the broken vestiges …

It’s worth discussing, “Why would Ed Sheeran copy “Let’s Get It On’s” chord progression?” Why would Ed Sheeran copy “Let’s Get It On’s” chord progression? If there’s one thing that thirty years of “Law and Order” can teach us, it’s to consider motive along with the evidence when trying to establish someone committed wrongdoing. There’s the exception …

The Ed Sheeran “Thinking Out Loud” v “Let’s Get It On” trial is really about just a couple of things, a video of him segueing from “Thinking” to “Let’s” in concert, called a “smoking gun” and tantamount to “a confession” by Ben Crump, and the musicologically important part, the accompaniment that the plaintiff believes Sheeran could not have …

It all comes down to Thing 1 and Thing 2, both easily explained in under three minutes. Ed Sheeran is headed to court next week to defend against the claim that he copied Marvin Gaye and Ed Townsend’s “Let’s Get It On” when he wrote “Thinking Out Loud.” My opinion (not one bit iffy on …

A forensic musicologist explains! And does it in about three minutes, hopefully. Super quick on the draw with this one. I’ve only spent about three minutes considering the matter and started right up trying to get this out on day one. I’ll think it through as I type. Always the chance I’ll have to rethink …

How do these things happen, and where on earth did they come up with that $10 million number? No point in burying the lede here. It sure appears an Obrafour sample is in “Calling My Name.” What’s “Calling My Name?” It’s a deep deep cut that I’d never heard of and nobody I asked had …