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Ed Sheeran wins UK copyright lawsuit over ‘Shape of You’

Ed Sheeran won a copyright lawsuit brought by another singer who claimed that the Grammy Award winner’s hit 2017 song “Shape of You” was partially copied from a tune that was released two years earlier.

The British pop star and his co-writers, Snow Patrol’s John McDaid and producer Steven McCutcheon, had denied allegations that the song copied part of 2015’s “Oh Why” by Sami Chokri, who performs under the name Sami Switch.

Sheeran took to Twitter on Wednesday and expressed relief at his legal victory in Britain, though he decried what he called a “culture” of baseless lawsuits intended to squeeze money out of artists eager to avoid the expense of a trial.

“Whilst we’re obviously happy with the result, I feel like claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court, even if there is no basis for the claim,” Sheerhan said in a video posted on Twitter.

“It’s really damaging to the songwriting industry.”

Andrew Sutcliffe, the lawyer for the co-writers of “Oh Why,” argued that there was an “indisputable similarity between the works.”

He claimed that Sheeran had “Oh Why” in his head “consciously or unconsciously” when “Shape of You” was written in 2016.

The plaintiffs alleged that the refrain “Oh I, Oh I, Oh I” in the chorus of “Shape Of You” was “strikingly similar” to the line “Oh why, Oh why, Oh why” in their track.

During the 11-day trial, Sheeran denied allegations that he “borrows” ideas from unknown songwriters without acknowledgement and said he has always been fair in crediting people who contribute to his albums.

A British judge rejected the plaintiff’s claims that Sheeran lifted parts of a 2015 song for his hit “Shape of You.”
Dave J Hogan/Getty Images for BR

In Wednesday’s ruling, High Court Judge Antony Zacaroli concluded that Sheeran “neither deliberately nor subconsciously” copied a phrase from “Oh Why” when writing his smash hit.

Sheeran, McDaid and Mac said in a statement that the cost of the case was more than financial. The stress of going to trial also hurts creativity, means less time to make music and takes an emotional toll, they said.

“It is so painful to hear someone publicly and aggressively challenge your integrity,” the trio said. “It is so painful to have to defend yourself against accusations that you have done something that you haven’t done, and would never do.”

“Shape of You” was the biggest-selling song in the UK in 2017.

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