The lawyer representing the family of the co-writer for Gaye's 1973 hit, Ben Crump, claimed in his opening statement that Sheeran played his ballad and Gaye's song back-to-back in a medley during a concert, which he referred to as a "smoking gun."
This trial is the first of three that the singer could face from lawsuits over similarities between the two songs.
According to the lawyer for Townsend's heirs, Sheeran "recognized the magic" of Gaye's song and "decided to capture a bit of that magic for his own benefit." The lawyer added that "this case is simply about giving credit where credit is due." Crump also argued that Sheeran effectively "confessed" to ripping off Gaye's song when he performed it live as a medley with "Thinking Out Loud."
On the other hand, Sheeran's lawyer, Ilene Farkas, argued that the two songs are distinct and told jurors that the plaintiffs should not be allowed to "monopolize" a chord progression and melody that are used in countless songs. Farkas added that "no one owns basic musical building blocks."
The trial will enter a second phase to determine how much Sheeran and his labels owe in damages if the jury finds him liable for copyright infringement.
