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Same chord progression / same rhythm and the way he sings it. He and his co-writer (Amy Wadge) MUST have been aware of Let's Get It On.
Both are based (sort of ) on the same I IIIm IV V progression.
In Sheeran's case it's D -> D/F# -> G -> A and the Gaye version is in the piano friendly key of Ebm -> Gm -> Ab -> Bb7.
He's got previous - the why oh why thing from Shape of You and perhaps most glaringly the note for note copy he settled out of court for the Tim McGraw / Faith Hill hit The Rest Of Our Life.
"If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck."
Ed Sheeran is one of the very few artists whose work I find so deplorable that it makes me a little bit annoyed that it exists. I'm a bit embarrassed at just how much I hate it, to be honest. I'm a grown man ffs.
This song (and others he has written) is a blatant rip-off of someone elses song.
Even with those two in mind, I would be worried about the ramifications if this is found to be illegal rather than just shameless. That would not be a good thing.
What could possibly by gained by bringing this case?
There is only one answer: money.
https://youtu.be/oaXFc4Zb78s
Marvin Gaye’s entire catalogue record sales probably haven’t even reached $100m, so in what world is one alleged borrow in one song worth damages that high?
As far as the case goes, it's pretty weak. If anything, the claim flatters the Ed Sheeran song. Let's Get it On is a stone cold classic – a great song (as is the album). The Sheeran number is pretty forgettable stuff.
https://completemusicupdate.com/article/judge-declines-to-dismiss-new-ed-sheeran-song-theft-litigation-that-relies-on-newly-registered-marvin-gaye-copyright/
Technicalities seem to matter more than the music in many cases.
Also, must be absolutely maddening to keep finding yourself back in court over the same thing.
Jazz professor Ricky B is on the case now
Go to 3m 44s
Apparently he said in court he writes upto 9 songs a day ... I'm beginning to see why I can't stand his music..
Ed has got an explanation.
Towards the end of his evidence session, Sheeran was asked by his lawyer why an expert called by the plaintiffs had demonstrated how the chords in Thinking Out Loud are similar to Let's Get It On.
He replied: "He was saying that because it helps his argument."
https://www.msn.com/en-gb/entertainment/music/ed-sheeran-plays-guitar-in-court-as-he-tries-to-prove-he-didn-t-copy-marvin-gaye-track/ar-AA1asbti?ocid=BingHPC