What does the Ed Sheeran copyright lawsuit mean for other musicians?
First, a background of the case:
In 2015, Sami Chokri wrote a song called "Oh Why" that had a chorus: "Oh why, oh why, oh why, oh why?" Chokri was a big fan of Ed Sheeran, and sent him a copy of this song. Sheeran claimed he never heard Chokri's song, even if his team may have received the copy. In 2017, Sheeran wrote his own song called "Shape Of You." It had a post chorus section that went: "Oh I, oh I, oh I, oh I..." Sheeran's melody sounded very similar to Chokri's chorus. Sheeran sold over 26 million units of that song in 1 year!
How did Sheeran defend himself from these claims?
Sheeran claimed he never listened to Chokri's song, and was never influenced by it when he composed "Shape of You." Sheeran said artists have a limited number of notes to use--that's why some melodies can coincidentally end up sounding the same. The other parts of the two songs don't sound the same, just the chorus and post-chorus sections.
So what can you do to protect yourself if you're a musician?
Ed Sheeran says he now video records himself creating songs so others can't accuse him of copying--but this isn't necessary in US courts. US courts look at:
(1) how much of your song as a whole sounds like another person's song;
(2) the overall similarities in tone, rhythms, melody;
(3) whether you had access to the other person's song.
There are other factors as well, depending on the facts.
Here are the key takeaways from this case:
(1) Just because 2 songs have some similarities doesn't mean there is automatically copyright infringement.
(2) It is nearly impossible to directly prove that you weren't influenced by someone else's song (because we can't see into your mind). You usually have to rely on circumstantial proof instead.
(3) Not all parts of your song may be protectable against copying.
(4) Videorecording yourself creating a song isn't probative because it doesn't show your mind's inner workings.
If you're a musician who is concerned about their music, give us a call. We can review your work and advise on how to protect yourself and plan ahead. Initial consultations are always free, and you'll never get a surprise invoice when you work with us.
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