Ed Sheeran Sued For $20 million Over Copyright Claims


British singer Ed Sheeran is being sued for an alleged copyright violation over his 2015 top-10 hit song “Photograph”.

The lawsuit, brought by Grammy-nominated songwriters Martin Harrington and Thomas Leonard, alleges that Sheeran’s song steals the musical composition of their 2009 song “Amazing”, which was released by X-Factor winner Matt Cardle in 2002 and peaked at 84 on the UK Singles chart.

Cardle’s song received just under 2 million views on YouTube in four years, while Sheeran’s song has received over 209 million in the year since it was uploaded.

Harrington and Leonard, who have written songs for other big-name performers such as Celine Dion, Kylie Minogue and the Backstreet Boys, claim in their lawsuit that Sheeran’s song shares 39 identical notes in the chorus alone.

[Photo By Zak Kaczmarek/Getty Images]
[Photo By Zak Kaczmarek/Getty Images]

The lawsuit includes musical charts comparing the composition of the two songs, as well as Cardle’s version. The two songwriters claim that approximately 70 percent of “Photograph” is stolen from their composition.

“The striking similarity of notes, structure, harmony, vocal style, and rhythm are clear indicators that ‘Photograph’ copies ‘Amazing’,” Harrington and Leonard state in the lawsuit.

“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’.”

The document claims that Sheeran and his co-writer, Snow Patrol’s Johnny McDaid, are “unabashedly taking credit for the work of these songwriters by claiming it to be their own.”

It also says that the song increased the value of the recently-sold music publishing service Polar Patrol. The lawsuit says that Sheeran’s song “is the most valuable of all of the assets of Polar Patrol, and increased the price of the sale.” The lawsuit continues, “the profits of Defendants that Plaintiffs are entitled to recover thus include the portion of Polar Patrol’s sale price that may be attributable to the inclusion of the infringing ‘Photograph’ composition.”

The lawsuit has caused a stir in the music industry due to the lawyer representing Harrington and Leonard: Attorney Richard Busch. Last year, Busch successfully won a highly controversial $5.6 million lawsuit on behalf of the Marvin Gaye family against Robin Thicke and Pharrell Williams for their song “Blurred Lines”.

Following the “Blurred Lines” decision, forensic musicologist Peter Oxendale said people in the music industry were “getting paranoid about infringing copyright,” stating his belief that the decision was wrong.

Last week, Busch won a lawsuit on behalf of Madonna, who was accused of illegally sampling a horn solo in her hit 1990 single “Vogue” from the 1976 song “Love Break” by Salsoul Orchestra.

“My clients are professional songwriters,” said Busch in a statement about the Sheeran case. “Their work is their life, and I am honored that they have trusted me with this very important case.”

The $20 million lawsuit has also been filed against divisions of Sony/ATV Music Publishing, Warner Music Group and Atlantic Recording Corporation.

Harrington and Leonard claim that “Photograph” earned over $20 million in revenue, and was critical in helping Sheeran becoming a household name.

“Photograph” also appears in the soundtrack of the recently released film “Me Before You” starring Emilia Clarke and Sam Claflin. The lawsuit predicts that Sheeran will net massive royalties from the film’s release, and seeks royalties or an injunction for the plaintiffs.

No other co-songwriters for “Amazing” have joined the lawsuit, including Cardle. Instead, the singer released a tweet Thursday stating “Please read news articles closely. This is not my lawsuit. I think @edsheeran is a genius & 100% deserves all his success.”

NBC reports that Harrington and Leonard would prefer to settle the case out of court rather than go to trial. The suit was filed in Los Angeles.

Representatives for Sheeran and others named in the lawsuit have not yet released statements.

[Photo By Phil Walter/Getty Images]

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