Singer-songwriter Ed Sheeran is being sued by two parties, Martin Harrington and Thomas Leonard, who claim his song “Photograph” is a copy of their 2010 song “Amazing”. With $20 million USD at stake – the amount the parties are claiming from Sheeran – the situation brings to light the complex and potentially costly issue of stealing other’s work.
The complainants state that
“the songs’ similarities reach the very essence of the work” and that “the similarity of words, vocal style, vocal melody, melody and rhythm are clear indicators, among other things, that Photograph copies Amazing.”
This suggests they believe Sheeran’s song is not simply inspired by their earlier work, but rather copied – a claim that is actionable in a court of law.
Plagiarism, particularly in the context of popular music, is becoming an increasingly common issue at law as technological advances ensure that music, while easily accessible, can mean that songs are not attributed to the original artists.
Blurred Lines in Ownership
This was seen earlier last year in the court battle between Marvin Gaye’s children and singers Robin Thicke and Pharrell Williams. The jury determined that the two artists copied Gaye’s hit song ‘Got To Give It Up’ in order to create ‘Blurred Lines’ and awarded Gaye’s children approximately $7.4 million.
With so many different platforms from which to listen to music – online streaming, downloading, radio, television and more – one can see how it may be easy to cross the line. There is danger between being ‘inspired’ by a particular song, and not necessarily being aware of copying on a conscious level, and directly plagiarising the song’s content and claiming it as your own.
So, what is difference between an ‘inspired’ song and a rip off? This will depend on a number of factors, including melody, chord progression, rhythm and lyrics. Under the Copyright Act 1968, a person who has created something which they believe has been copied or stolen by another, will potentially have action.
Sheeran’s songs have brought together people all over the world. His songs prove popular at weddings and couple events. Hopefully, this dispute can be settled outside of court.
If you believe you are in a similar situation, or think you have a legal issue relating to Intellectual Property or Copyright Law, please do not hesitate to contact us on 02 8917 8700.