Ed Sheeran Legal Battle Ain’t Over Yet – Plus Smokey Robinson, Taylor Swift & More Top Music Law News

THE BIG STORY: Years after it was first filed, the U.S. Supreme Court on Monday declined to revive a lawsuit claiming Ed Sheeran’s 2014 hit “Thinking Out Loud” infringed Marvin Gaye‘s famed 1973 jam “Let’s Get It On.”

The decision is the latest win for Sheeran in a nine-year legal odyssey over two songs that do, in fact, sound pretty similar to many listeners. Spin described “Thinking” as “an incredibly obvious successor” to Gaye’s song, and countless YouTube accounts mashed them up. Even Sheeran himself seemed to agree: In an infamous video clip, he was captured toggling between the two at a 2014 concert.

He was sued over those similarities in 2016 by the daughter of Ed Townsend, who co-wrote the 1973 tune with Gaye, but that case ended with a high-profile jury verdict that said Sheeran and his co-writers had independently created their song. He was sued again in 2018 by Structured Asset Sales (SAS), an entity owned by industry executive David Pullman that controls a different stake in Townsend’s copyrights. But in November, a federal appeals court tossed that case, too, ruling the songs share only basic “musical building blocks” that all songwriters are free to use.

With Monday’s move by SCOTUS, which will allow that decision to stand, is Sheeran’s long copyright nightmare finally over? Not quite yet.

Back in 2020, Pullman’s company filed yet another case over “Thinking” — something of a creative gambit to get around shortcomings of the earlier lawsuits. A judge had ruled that Townsend’s copyrights covered only the basic sheet music to “Let’s Get It On,” and not Gaye’s famous recorded version you’ve heard countless times. So SAS’s lawyers filed for an entirely new copyright on the recorded version and then sued Sheeran for infringing it.

Can they do that? Unclear. The newer lawsuit has been paused for years while the earlier case played out in court, meaning a judge has not yet ruled on whether the get-a-new-copyright maneuver is legally viable in the first place. But after Monday’s move by the Supreme Court, the case will now be reopened for action.

Speaking to Billboard on Monday, each side previewed the battle ahead. Pullman said Sheeran and his co-defendants “fear” the sound recording and vowed that his newer case “will now go forward.” Meanwhile, Sheeran’s attorney, Donald Zakarin, stressed that his client had already been cleared by a jury of his peers.

“Pullman’s completely unauthorized and improper purported registration of the Marvin Gaye recording of ‘Let’s Get It On,’ 50 years after it was created, will not change that fact,” Zakarin said. “If he truly believed that the second case he filed was so compelling — which it is not — he would not have spent the last two years pursuing his failed first case.”

You’re reading The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between. To get the newsletter in your inbox every Tuesday, go subscribe here.

Other top stories this week…

SMOKEY ROBINSON UPDATE – Facing a rape lawsuit from his former housekeepers, the Motown legend argued in new court filings that his accusers are trying to slow-walk the case to gain maximum leverage for an extortionate settlement payout, including by dealing a financial blow to his ongoing tour. His lawyers say attorneys for the housekeepers want to “let the lawsuit linger publicly while the Robinsons have to live every day under the unfair specter of public opinion.”

IT NEVER ENDS – Amid their bruising legal battle over the movie It End With Us, Blake Lively asked a federal judge to block Justin Baldoni’s continued efforts to see her texts with Taylor Swift, arguing her nemesis shouldn’t be allowed to drag the pop superstar into the court battle just to generate “sensational headlines.” Separately in the same messy fight, Lively moved to subpoena music executive Scooter Braun, seeking to find out what the HYBE America boss knows about Baldoni’s alleged smear campaign against her.

DIDDY TRIAL CONTINUES – The sex-trafficking trial of Sean “Diddy” Combs continued into a sixth week, as the prosecution nears the conclusion of its case. Week Five was dominated by testimony from “Jane,” a former girlfriend who says the star coerced her into taking part in the “freak-off” sex parties at the heart of the case — and by a brief moment where Ye (formerly Kanye West) stopped by the courthouse. Week Six kicked off with the judge dismissing a juror for giving inconsistent answers about where he lives — a ruling that rejected warnings by Combs’ attorneys that the dispute was a “thinly veiled effort to dismiss a Black juror.”

MORE AI LAWSUITS – Artificial intelligence music startups Suno and Udio were hit with new copyright lawsuits — this time, proposed class actions on behalf of independent artists who have been “left without a seat at the table” in the high-profile litigation filed by Universal Music, Warner Music and Sony Music. The cases, filed by a country singer named Tony Justice on behalf of “thousands” of indie artists, came weeks after news broke that the majors were negotiating potential settlements with the two tech firms that would see them license their music for AI training.

MEGAN GAG ORDER – A federal judge issued a gag order in Megan Thee Stallion’s defamation lawsuit against gossip blogger Milagro Gramz over the Tory Lanez shooting, barring both sides from talking about the case. The ruling cited warnings from the star’s lawyers that Gramz’s ongoing posts about Megan had sparked “severely critical and derogatory comments” about the star that could potentially “incite violence.”

R. KELLY WANTS OUT – The disgraced R&B star asked a federal judge to cut short his 30-plus-year sentence for racketeering, sexual abuse and child pornography, claiming jail officials tried to solicit a member of the Aryan Brotherhood prison gang to kill him. In later filings, Kelly’s lawyers claimed he’d been placed in solitary confinement as retaliation, and that he’d been rushed to the hospital after officials gave him a lethal quantity of his medications. Prosecutors denied the allegations, calling them “deeply unserious” and the “behavior of an abuser and a master manipulator” on full display: “This court should not allow Kelly to turn its docket into a grocery store checkout aisle tabloid,” prosecutors wrote.

50 CENT HORROR FIGHT – The producers of SkillHouse, a horror movie starring 50 Cent, responded to the rapper’s recent lawsuit aimed at blocking its premiere next month, blasting the case as “a baseless and last-minute shakedown.” Fifty claims he never signed off on the movie and hasn’t been paid, but the producers argued that they have “a mountain of documentary evidence” that he did, in fact, agree to appear in and promote the flick.

DOXXING DISPUTE – A Los Angeles judge ruled that the hip-hop powerhouse Top Dawg Entertainment must face claims that the company “doxxed” two women after they sued the record label for sexual harassment and assault. The judge refused to dismiss allegations that the company broke a newly enacted California law outlawing doxxing — revealing someone’s identity non-consensually — by including the names of the two “Jane Doe” accusers in a response statement that called the lawsuit a “shakedown.”

MANSLAUGHTER PLEA – The Atlanta rapper Silento, best known for his 2015 chart-topper “Watch Me (Whip/Nae Nae),” was sentenced to 30 years in prison after pleading guilty to fatally shooting his cousin in 2021. Facing a looming trial, the 27-year-old rapper avoided murder charges by admitting to voluntary manslaughter, aggravated assault, gun possession and concealing a death, crimes he said he’d committed while mentally ill.

THE SARCASM DEFENSE – Karol G and UMG fired back at a copyright lawsuit claiming she lifted key elements of “Gatúbela,” a track on her chart-topping album Mañana Será Bonito, from an earlier song. In the filing, they denied claims that one of the song’s producers effectively admitted to the theft in an Instagram comment — arguing that he posted it “sarcastically” and that it clearly wasn’t an admission of liability.

TORTIOUS REUNION? Música mexicana singer-songwriter Codiciado filed a lawsuit against his old record label, Rancho Humilde, and former bandmates in the ensemble Grupo Codiciado, claiming they stole his intellectual property by getting the band back together under the name Los Codicia2 after he went solo.

DISCRIMINATION DEAL – Nas’ record label and media company, Mass Appeal, inked a settlement with a white former executive, Melissa Cooper, who claimed that she was the target of discrimination and forced out because of her race. The deal, the terms of which were not disclosed, will resolve a lawsuit in which Cooper claimed that she had been subject to animosity because she was a “white woman working in hip-hop.”

PHOTO FIGHT – Robin Thicke was hit with a copyright lawsuit for allegedly posting paparazzi pictures of himself on Instagram without paying to license the images. The case, filed by celebrity photo agency BackGrid USA, is the latest in a string of such lawsuits over artists posting themselves to socials — cases that have targeted Jennifer Lopez, Miley Cyrus, Dua Lipa, Justin Bieber and others.