Is Ed Sheeran Thinking About Article 27?
Music can heal is a phrase often repeated.
Today, 4 May, music integrity was healed, at least somewhat, plus a little bit, by the United Kingdom’s Ed Sheeran. Global news sources exploded with a judgement in Sheeran’s favor: jurors in New York had affirmed the artist’s earlier statements that Thinking Out Loud, a song released on Sheeran’s successful 2014 studio album “X,” was not infringing upon the copyright holders of the late Marvin Gaye’s 1970’s classic hit song Let’s Get It On.
Article 27 of the United Nations’ Universal Declaration of Human Rights proclaims
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Sheeran, who spent part of his youth busking in England, is an embodiment of cultural participation through music. He is also a well-regarded contributor of the age, as both a multi-platinum recording artist, as well as a Grammy-winning songwriter. Sheeran is noted for powerful songwriting plus his expansive vocal range, accompanied by skillful guitarwork.
Sheeran’s triumph in America today took place in New York City. During a brief speech delivered on the courthouse stairs, the songwriter announced to news reporters and to audiences on seven continents how, for the past eight years, he and his writing partner Amy Victoria Wadge had been embroiled in this legal matter. He pointed out that the trial might have been avoided if preliminary steps had been compiled with accurate musicology.
With these words, Sheeran addressed whoever was there, multiplied by millions listening in on the international news waves: “Thanks very much for being out here. I’m obviously very happy with the outcome of the case, and it looks like I’m not having to retire from my day job, after all. But, at the same time, I’m unbelievably frustrated that baseless claims like this are allowed to go to court at all.
“We spent the last eight years talking about two songs with dramatically different lyrics and melodies, and four chords which are also different and used by songwriters every day, all over the world.
“These chords are common building blocks which were used to create music long before Let’s Get It On was written, and will be used to make music long after we are all gone. They are in a songwriter’s alphabet—our toolkit—and should be there for all of us to use. No one owns them, or the way they are played, in the same way that nobody owns the color blue.
“Unfortunately, unfounded claims like this are being fueled by individuals who are offered as music experts in musical analysis. In this instance, the other side’s musicologist left out words and notes, presented simple and different pictures as melody, and by doing so created what I think we proved for all to see were misleading comparisons and disinformation to find supposed similarities where none exist.
“And I think we proved for all to see that they tried to manipulate my and Amy’s song to try and convince the jury that they had a genuine claim. I’m very grateful that the jury saw through those attempts.
“This seems so dangerous to me, both to potential claimants who may be convinced to bring a bogus claim, as well as those songwriters facing them. It’s simply wrong. By stopping this practice, we can also properly support genuine music copyright claims, so legitimate claims are rightly heard and resolved.
“If the jury had decided this matter the other way we might as well say good-by to the creative freedom of songwriters. We need to be able to write our original music and engage in independent creation without worrying at every step of the way that such creativity will be wrongly called into question.
“Like artists everywhere, Amy and I work hard to independently create songs which are often based around real-life, personal experience. It’s devastating to be accused of stealing someone else’s song when we put so much work into our livelihoods.
“I’m just a guy with a guitar who loves writing music for people to enjoy. I am not and will never allow myself to be a piggy-bank for anyone to shake.”
Mr. Sheeran brought the short address to closing with a simple request: “We need songwriters and the wider community to come together and bring back common sense. These claims need to be stopped so the creative process can carry on, and we can all go back to making music. And, at the same time, we absolutely need trusted individuals—real experts—who help support the process of protecting copyright.”
Sheeran’s win proves that even though one might be standing under showers of false accusations, if one waits for the truth to come home, one won’t ever be alone.
Congratulations, Mr. Sheeran. We fully support your triumph. Here’s to many a-plenty more songwriters healed through the American justice system.
Written by Corinne Devin Sullivan