Ed Sheeran, popular musician known for chart topping songs Thinking Out Loud, Sing and Photograph is now in the limelight for another reason. Sheeran is the focus of a $20 million copyright infringement lawsuit. The pop singer’s hit song Photograph will be heard by a federal judge to determine if Sheeran was “verbatim, note-for-note copying” when he wrote the song.
The plaintiffs in this case are songwriters Martin Harrington and Thomas Leonard, who have written many chart-toppers themselves and worked with prominent artists. The songwriters are joined by the publishing company HaloSongs. The plaintiffs are alleging that Sheeran’s song “Photograph” sounds like their 2009 song “Amazing,” which was recorded by Matt Cardle, winner of the 2010 season of The X Factor.
The plaintiffs are being represented by, Richard Busch, the same attorney who represented the Marvin Gaye family in the $5.3 million “Blurred Lines” copyright case. Busch said “My clients are professional songwriters. Their work is their life, and I am honored that they have trusted me with this very important case.”
The plaintiffs have alleged that “Photograph” is too similar, almost identical in pitch, tempo and structure, to both the composition written by Harrington and Leonard as well as the version recorded by Cardle. According to the complaint, Sheeran’s Photograph includes a chorus that shares 39 identical notes with Amazing by Harrington and Leonard. “The songs’ similarities reach the very essence of the work,” states the complaint. “The similarities go beyond substantial, which is itself sufficient to establish copyright infringement, and are in fact striking. The similarity of words, vocal style, vocal melody, melody, and rhythm are clear indicators, among other things, that ‘Photograph’ copies ‘Amazing.'”
If successful plaintiffs’ damages award is estimated to exceed $20 million in addition to statutory damages and an injunction or running royalty. The matter will now be heard in a California federal court.
