Ed Sheeran v Marvin Gaye: When Are Copyrights Infringed?
In the world of music and creativity generally, copyright disputes often arise when artists and owners of creative works face allegations of prohibited use of copyrighted material. One of the most recent high-profile cases involved a dispute between musicians Ed Sheeran and Marvin Gaye.
The dispute arose from claims made by the estate of late songwriter Ed Townsend, who co-wrote Marvin Gaye's iconic song "Let's Get It On" in 1973. The lawsuit alleged that Sheeran's 2014 hit single, "Thinking Out Loud," had a striking similarity to Gaye's composition.
It was argued that "Thinking Out Loud" copied significant elements of the musical composition and overall sound of "Let's Get It On" including the melodic structure, harmonic progressions, and rhythm.
However, after a lengthy legal battle, Ed Sheeran was found not guilty of copyright infringement in this particular case. The court concluded that the similarities between the songs were limited to unprotectable elements, such as common chord progressions and rudimentary musical elements, which are considered part of the public domain.
When Can You Sue for Copyright Infringement?
The Copyright, Designs, and Patents Act 1988 (CDPA) governs copyright infringement in the UK. It outlines the rights and responsibilities of copyright holders and sets criteria for establishing copyright infringement.
Under the Act, infringement occurs when someone, without permission, engages in activities such as reproducing, distributing, performing, communicating to the public a copyrighted piece of work or creating a derivative work based on the original. To successfully sue for copyright infringement, there are several requirements to meet:
1. Existence of a valid copyright
The claimant must demonstrate that they hold a valid copyright over the work in question. Copyright protection automatically arises upon creating an original piece of work, such as a song or painting for instance that meets the criteria for protection. For example, if a musician has written and recorded an original song, they would possess copyright protection over that musical work.
2. Copying a substantial part of the work
To establish infringement, the claimant must show that the defendant has copied a substantial part of the original work. The term "substantial" refers to the quality and importance of the portion copied rather than the quantity. Even if it is only a small portion, if it is considered a substantial part of the work such as a rif or theme, it can still constitute infringement.
3. Absence of a valid defence
The defendant may assert a valid defence to counter allegations of copyright infringement. They can include fair dealing, which permits limited use of copyrighted works for specific purposes, such as criticism, review, reporting, or educational purposes, as long as it falls within the exceptions outlined in the law.
4. Substantial similarity
Proving substantial similarity is a crucial factor in copyright infringement cases. It involves demonstrating that the allegedly infringing work is substantially similar to the original work’s expression, structure, and overall impact.
The court considers both the qualitative and quantitative aspects of the copying. For instance, if a band releases a song that closely resembles another artist's copyrighted work in terms of melody, lyrics, and overall musical arrangement, it may be deemed substantial similarity and potentially infringing. The burden of proof rests on the person bringing the claim to prove this in a copyright infringement case.
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