Chart-topping artists have been involved in several high-profile music copyright cases in recent years. These cases teach musicians and songwriters a lot about what copyright covers and doesn’t cover. Below, we look at some recent landmark cases and how they affect creators.
Ed Sheeran’s victories in court
In two important copyright cases involving his well-known songs, Ed Sheeran prevailed. In a 2022 case, the UK’s High Court ruled that Sheeran’s song “Shape of You” did not infringe upon the less well-known song “Oh Why.” The judge noted that pop music commonly employs similar passages and came to the conclusion that Sheeran “neither deliberately nor subconsciously” lifted the line “Oh why” from the other song. Sheeran pointed out that songwriters only have a finite number of notes and chords at their disposal, criticising what he called a culture of baseless accusations. In another U.S. case, Sheeran was sued by the estate of Marvin Gaye’s co-writer, who claimed that Sheeran’s 2014 hit song “Thinking Out Loud” was a ripoff of the classic song “Let us Get It On.” In May 2023, a jury rejected the claim, finding that any similarity was based on basic musical components (like chord progressions and feel) that are not covered by copyright. Sheeran’s victories show that courts will not find infringement when similarities are unintentional or involve unprotectable musical elements.
“Blurred Lines” and the Danger of Inspiration
“Blurred Lines” by Robin Thicke and Pharrell Williams was the subject of a well-known 2015 verdict that still has a big influence. When a U.S. jury found that the song infringed upon Marvin Gaye’s 1977 hit song “Got to Give It Up,” the artists were hit with a multi-million dollar judgement. This was distinctive because “Blurred Lines” imitated Gaye’s song’s style and groove rather than its melody or lyrics. Many in the music industry believe that the decision blurred the line between infringement and legal inspiration. The case serves as a warning that using an older song’s distinctive sound could still result in legal problems, even if you do not exactly copy the notes. Because of this outcome, songwriters have become more cautious, and some now proactively acknowledge or ask for permission from older influences to avoid legal trouble.
Katy Perry’s “Dark Horse” Case
Pop sensation Katy Perry was sued by a rapper in yet another well-known case, claiming that her 2013 hit song “Dark Horse” stole an eight-note musical phrase from his song. When a jury initially found infringement in 2019, many observers were alarmed because the shared musical pattern was simple and short. However, a judge overturned that judgement in 2020, and following an appeal, the Perry-favoring ruling was upheld. The brief collection of notes was deemed insufficiently unique by the court to merit protection. This reversal, which reiterated that courts shouldn’t grant copyrights over common musical building blocks like rhythms or short scales, was a relief to artists. Even though lawsuits may be filed over slight similarities, the Dark Horse story shows that not all note sequences are copyrightable if they lack originality.
The Argument Regarding Taylor Swift’s Words
Even popular lyrics can draw criticism. In the United States, songwriters filed a lawsuit against Taylor Swift, alleging that the lyrics to her hit song “Shake It Off” appropriated the phrases “players going to play” and “haters going to hate” from their own song. These everyday phrases had already appeared in a lot of songs and pop culture references. After years of litigation, the case was dismissed in late 2022 due to the lack of evidence of infringement. The lawsuit’s failure demonstrated that courts are sceptical of attempts to assert ownership of well-known sayings. It serves as a reminder to songwriters that it is not against the law and is unlikely to be protected to use short, widely used phrases or straightforward lyrics in a new song.
Crucial Instructions for Musicians
These recent cases demonstrate that original musical expression, such as melodies, lyrics, and unique musical combinations, are protected by copyright, but general styles, grooves, and common phrases are not. Unintentional similarity may arise due to the limited musical vocabulary. Courts will take into account whether the purportedly copied passage is actually original and necessary to the original work. The advice for artists is simple: try to write your own songs and lyrics, and when you do draw inspiration from other people’s work, take care not to replicate anything that is instantly recognisable. If you purposefully sample or interpolate parts of another song, always get permission or give credit to avoid disputes. However, if you are faced with a claim against your song, remember that not all similarities are infringement. Basic musical components and independent creation are strong defences, as demonstrated by Ed Sheeran’s cases.
Knowing these legal repercussions can help musicians better navigate the fine line between inspiration and infringement. Ultimately, genuine creativity and respect for other people’s work are the best safeguards. By keeping an eye on these cases, artists can better protect their music and careers from unwarranted copyright challenges.
Solicitor advocate Michael Coyle has a master’s degree in copyright law. ACM, formerly a lecturer at Guildford School of Music and Solent University.
Michael.Coyle@lawdit.co.uk is his email.
