Ed Sheeran vs Marvin Gaye copyright case is going to trial

68th Berlin International Film Festival Berlinale

Ed Sheeran vs Marvin Gaye copyright case is going to trial

The suit claims that Sheeran's track "Thinking Out Loud" sounds really similar to Marvin Gaye's sexy 1973 hit "Let's Get It On", which was co-written by the late Ed Townsend.

Sheeran's attempt to have the lawsuit dismissed was rejected by Judge Stanton, who announced on Thursday (January 3) that the case would be decided by a U.S. jury.

According to the BBC, the United States judge went on to asses similarities between the tracks including bass lines, percussion the "aesthetic appeal" to listeners.

The Song "Thinking Out Loud" was characterized by "dark, melancholic tones of" directed at "long-lasting, romantic love", while "Let's Get It On" is "a sexual anthem".

There it is, "Thinking out Loud" 've copied without the permission of a variety of elements of the Gaye song, among other things, rhythms, harmonies, background vocals and Tempo.

In the most recent filing, Stanton said he was unsure which view the jury will side with, but that it may be "impressed by footage of a Sheeran live performance which shows him seamlessly transitioning between "Let's Get It On" and "Thinking Out Loud".

Judge Stanton said the similarities between the two songs included their bass lines and percussion and said listeners might consider the songs' "aesthetic appeal" to be similar. Last year Structured Asset Sales, who owns a stake in Gaye's song, launched a $100 million case which is still ongoing.

Ed has also been accused of plagiarism over his songs "Photograph" and "Shape Of You" in the past.

Ed Sheeran has denied the allegations, and has asked for the legal action to be stopped.

The Gaye family are also entitled to 50 percent of all future song royalties.

Judge Stanton is presiding over another lawsuit alleging Sheeran copied Let's Get It On.

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