Did Ed Sheeran rip off Marvin Gaye's Let's Get It On? What's at stake in this week's trial

A trial deciding whether Ed Sheeran copied his Grammy-winning song Thinking Out Loud from Marvin Gaye's 1973 classic Let's Get It On begins on Monday.

Sheeran, 32, is expected to testify at the trial, which takes place in a New York federal courtroom.The trial will be keenly watched by the wider music industry. Chart-topping musicians have been slapped with infringement suits more and more over the past decade and each claim has raised questions over the scope of music copyright and the future of creativity.

Here's a guide to what's at stake in the Ed Sheeran trail - and what to expect in the courtroom.

What’s the dispute about?

The heirs of Ed Townsend, Marvin Gaye’s co-writer of the soul hit Let's Get It On, sued Sheeran, alleging the British pop star’s hit 2014 tune has “striking similarities” and “overt common elements” that violate their copyright.

The lawsuit was filed back in 2017 but has only just made it to a trial. It is expected to last a week and will be presided over by 95-year-old Judge Louis L. Stanton.

Gaye’s estate is not involved in the case.Do the songs sound similar?

Here's Marvin Gaye's Let's Get It On:

Here's Ed Sheeran's Thinking Out Loud:

Sheeran’s attorneys have said the songs’ undeniable structural symmetry points only to the foundations of popular music

“The two songs share versions of a similar and unprotectable chord progression that was freely available to all songwriters,” they said in a court filing.

Townsend family lawyers pointed out in the lawsuit that artists including Boyz II Men have performed seamless mashups of the two songs, and that even Sheeran himself has segued into Let’s Get It On during live performances of Thinking Out Loud. They sought to play a potentially damning YouTube video of one such Sheeran performance for the jury at trial. Stanton denied their motion to include it, but said he would reconsider it after he sees other evidence that’s presented.

How will the jury decide?

While the jury will hear the recordings of both songs, probably many times, their lyrics - and vibes - are legally insignificant.

Jurors are supposed to only consider the raw elements of melody, harmony and rhythm that make up the composition of Let’s Get It On, as documented on sheet music filed with the United States Patent and Trademark Office.

Will Ed Sheeran appear in court?

Yes, Ed Sheeran arrived at Manhattan federal court on earlier on Tuesday, in New York.Haven’t we seen this before?

The trial has echoes of a lawsuit, filed by Gaye's estate, against Robin Thicke, Pharrell Williams and T.I. over the resemblance of their 2013 hit “Blurred Lines” to Gaye’s 1977 “Got to Give it Up”.

A jury awarded Gaye’s heirs $7.4 million (£5.9 million) at trial - later trimmed by a judge to $5.3 million (£4.3 million) - making it among the most significant copyright cases in recent decades.

And just last year, Sheeran won a UK High Court trial after he was accused of ripping off grime artist Sami Chokri.

Which other stars have been hit with lawsuits in recent years?

Songwriters Sean Hall and Nathan Butler accused Taylor Swift of lifting from their song Playas Gon’ Play, which was performed by girl group 3LW. The case was eventually dropped.

In 2019, Katy Perry and her record label were ordered to pay more than $2.78 million after it was deemed her 2013 hit Dark Horse copied a Christian rap song.

Guitarist Joe Satriani filed a copyright infringement lawsuit against Coldplay in 2008, in which he claimed Viva la Vida bore a striking resemblance to his 2004 instrumental If I Could Fly. The lawsuit was dismissed.

Artists such as Lizzo, BTS, Lana Del Rey, Mark Ronson, Bruno Mars and Dua Lipa have also been hit with claims in recent years.

Plagiarism claims don't always turn nasty, however. Following allegations Gen Z popstar Olivia Rodrigo pinched a decades-old Elvis Costello riff, Costello responded: "This is fine by me... It’s how rock and roll works".

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What are the stakes?

Sheeran faces £82.2 million in damages if he loses.

After Robin Thicke and Pharrell Williams lost their 2015 case, their lawyer, Howard King, said the decision could have a chilling effect on musicians who try to emulate an era or another artist’s sound.

Likewise, musician Nile Rodgers told the Financial Times that the ruling "handicaps" artists and warned of an entertainment industry "frozen in litigation".

Critics like King and Rodgers would argue that a loss for Sheeran could further limit musicians' creativity and lead to labels and artists routinely shelling out in order to settle lawsuits before they reach the courts.

Others would argue that a loss for Sheeran empowers musicians, especially emerging or late ones, who've had their work stolen by big stars.

Who were Ed Townsend and Marvin Gaye?

Townsend, who also wrote the 1958 R&B doo-wop hit “For Your Love,” was a singer, songwriter and lawyer. He died in 2003. Kathryn Townsend Griffin, his daughter, is the plaintiff leading the lawsuit.

Already a Motown superstar in the 1960s before his more adult 1970s output made him a generational musical giant, Gaye was killed in 1984 at age 44, shot by his father as he tried to intervene in a fight between his parents.