British pop star Ed Sheeran sang and played guitar on the witness stand Thursday, giving jurors a free pop concert at a copyright infringement trial in New York, US media reported.
The English musician also sang what he said were the original lyrics to his song, “I’m singing out now,” ABC News reported.
The lawsuit against Sheeran was brought by the estate of Gaye co-writer Ed Townsend, who alleged that the harmonic progressions and rhythmic elements of his 2014 song were lifted without permission from the classic that Gaye made famous.
The heirs are seeking a share of the profits from Sheeran’s song.
Sheeran said he writes most of his songs in a day, and noted that he wrote “Thinking Out Loud” with songwriter Amy Wadge, a regular partner.
The two wrote “Thinking Out Loud” at Sheeran’s house in February 2014, he said.
“We sat down with the guitar,” Sheeran said, according to ABC News. “We wrote a lot together.”
Sheeran said both Wadge and himself had experienced loss recently, with his grandfather recently passing away and his grandmother battling cancer. Wadge had family members who were battling the disease.
They wanted to pay tribute to those around them who loved them, he said.
Sheeran said he was getting out of the shower when he heard Wadge playing some chords in another part of the house.
“I remember thinking, ‘We’ve got to do something about this,'” she told the judge, ABC News said.
Jurors must decide whether Sheeran’s song and Gaye’s classic are substantially similar and whether their common elements are protected by copyright law.
A musicologist testifying for Townsend’s heirs testified that Sheeran’s and Gaye’s songs use an almost identical four-chord progression — prompting Sheeran to pick up the guitar, the New York Times said.
Sheeran played the major second chord, which he said he plays at every public performance, and then the minor second chord used in “Let’s Get It On.” He said it worked well for Gaye, but not for his song, the Times reported.
The trial begins on Monday, with Sheeran expected to testify further, with or without the guitar.
AFP