“Simply put: the plaintiff’s ‘smoking gun’ was shooting blanks,” attorney Ilene Farkas said in Manhattan federal court. “Their confession is nothing more, nothing less.”
Farkas’ rebuttal came after attorneys for the heirs of the late Ed Townsend – who co-wrote the 1973 R&B classic with Gaye – revealed what they said was their “smoking gun” in the copyright suit against Sheeran.“Thinking Out Loud” and “Let’s Get it On” at a 2014 concert amounted to a “confession” from the British pop star that he’d ripped off Gaye’s hit to write his own tune.
During testimony, Sheeran and Wadge shared stories about the song’s creation – which came when the two discussed what it was like to spend your whole adult life with someone and then try to go on without them. Stewart testified that Sheeran used similar chord progression, anticipation and melodies, which went against what Sheeran’s musicologist Lawrence Ferrar told jurors.
She said she hoped the jury would not be “blinded by their celebrity” and questioned Sheeran’s testimony when he claimed to be able to write eight-to-10 songs in a day.
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