Less than two weeks after the star singer won a blockbuster trial, a judge has dismissed a second case claiming he copied the same iconic Marvin Gaye song.
song “This Is America” on similar legal grounds, suggesting that the decision had changed the case law on how federal courts assess such combinations of unprotectable elements.
“To prevent manifest injustice, defendants’ motion for reconsideration is granted,” Judge Stanton wrote. “The Clerk of the Court is directed to close the case.”said his team and his client were “truly pleased” with the outcome: “Judge Stanton concluded that Ed Sheeran and Amy Wadge did not infringe, a conclusion consistent with the jury determination that Ed and Amy independently created .
Though Tuesday’s ruling is a key victory for the pop star, it’s not the end of the road for the “Thinking Out Loud” litigation. Both the verdict earlier this month and the new ruling can still be appealed, which could take years to resolve. And Structured Asset Sales is also pursuing a third, more novel case based on a different copyright covering Gaye’s more famous recorded version of the song.following the ruling, Pullman said his company would appeal Tuesday’s decision on multiple grounds.
“In the new case, in front of a different judge, we have the sound recording in that case,” Pullman said. “Through all these years of litigation, the one thing the defendants have been petrified of is the sound recording. They don’t want to play it for the jury, because then they would see the similarities.”
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