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A high-profile copyright trial over whether Ed Sheeran’s smash single “Thinking Out Loud” copied a classic Marvin Gaye song officially kicked off in a Manhattan federal courtroom on Tuesday.
Ben Crump, a lawyer representing the family of the co-writer for Gaye’s 1973 hit “Let’s Get It On,” said in his opening statement that Sheeran played his ballad and Gaye’s song back-to-back in a medley during a concert, and called the moment a “smoking gun.”
Sheeran is accused of copying “Let’s Get It On” by the heirs of Ed Townsend, who co-wrote the song with Gaye. Townsend’s daughter Kathryn Townsend Griffin, sister Helen McDonald and the estate of his former wife, Cherrigale Townsend, are the listed plaintiffs on the “Thinking Out Loud” case. Gaye died in 1984 and Townsend died in 2003.
In Tuesday’s court proceedings, Crump attempted to portray Sheeran as someone who recognized the “magic” of Gaye’s soul song and then used it to catapult his career. “Thinking Out Loud” would go on to win the 2016 Grammy award for song of the year.
“if you remember nothing else about this trial, about this case, it is about giving credit where credit is due,” Crump told the jury, which was selected Monday.