Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Coincidence or theft? Rise of music streaming can make it hard to judge

Coincidence or theft? Rise of music streaming can make it hard to judge

Analysis: plagiarism row between Ed Sheeran and Sami Chokri is latest in surge of lawsuits against musicians
They may only be two words, but they are worth tens of millions of pounds. The ascending one-bar phrase “Oh I” from Ed Sheeran’s Shape of You became the focus of a plagiarism row that threw into question the very art of songwriting itself.

Over the course of an 11-day trial, Sheeran and his co-writers, John McDaid and Steve McCutcheon, faced accusations that they had ripped off the 2015 song Oh Why by the grime singer Sami Chokri and songwriter Ross O’Donoghue.

Central to Sheeran’s defence was his argument that the segment in question was “a basic minor pentatonic pattern”, which is “entirely commonplace”. The superstar even took the stand to hum musical scales from Blackstreet’s No Diggity and Nina Simone’s classic Feeling Good to demonstrate how common the melody of Shape of You was.

The argument convinced Justice Zacaroli, who ruled that Sheeran had “neither deliberately or subconsciously” ripped off Chokri’s song. But the case showed how difficult it is to differentiate between coincidence, inspiration and theft, especially when our music consumption has changed with the evolution of streaming.

In an age of YouTube and Spotify, how do we know if one artist heard another artist’s song, especially if they are relatively unknown, or if they both had the same idea?

“The judgment is an emphatic vindication of the creative genius of Ed, Johnny and Steve,” said Sheeran’s lawyers on Wednesday. “As they have always maintained, they created Shape of You together, without copying from anyone else.”

But the debate over copyright infringement in pop continues to rage, as a surge of lawsuits against some of the world’s biggest pop stars are brought to court.

The most significant, experts agree, was the 2018 lawsuit in which Robin Thicke and Pharrell Williams were found guilty of copying “the feel” of Marvin Gaye’s song Got to Give It Up and ordered to pay $5m (£3.8m) to Gaye’s family and future royalties.

“The kind of borrowing that was at the heart of the Blurred Lines case has generally not been found to be a copyright violation in the past,” said Dr Tim Hughes, a senior lecturer in music at the University of West London.

“Blurred Lines is an example of what might be called a pastiche: a song consciously written in the style of another. Musical history is full of examples of that practice (although generally not so blatant). But the publicity and the damages awarded in that case were so extreme that it has clearly helped encourage further lawsuits.”

Other recent litigations include two against Dua Lipa over her song Levitating, one against Katy Perry over her song Dark Horse, and one against Taylor Swift over her 2014 hit Shake It Off by two songwriters who claim she lifted their phrases.

Sheeran himself settled a $20m plagiarism lawsuit for his song Photograph in 2017, after he was accused of copying former X Factor winner Matt Cardle’s Amazing.

Olivia Rodrigo added two members of Paramore to the writing credits of her hit single Good 4 U, after fans noted similarities to Paramore’s Misery Business. She’s also been accused of copying the riff from Elvis Costello’s Pump It Up in her song Brutal.

But as Costello noted when he came to her defence, this is part and parcel of the process of making music. “It’s how rock & roll works,” he said. “You take the broken pieces of another thrill and make a brand new toy. That’s what I did.”

According to Joe Bennett, a forensic musicologist at Berklee College Of Music in the US, “opportunistic plaintiffs” are exploiting a common musical error that listeners can make, which is to assume that plagiarism is the only explanation for one melody being slightly similar to another.

“There are 60,000 songs uploaded to Spotify every day, with more than 82m recordings in the catalogue,” Bennett said.

“Right now, we’re in an era of mainstream pop where a lot of songs are based on two- and four-bar chord loops … So once in a while a short coincidental similarity occurs, and the plaintiffs are so struck by the similarity that they believe the only explanation must be plagiarism. They are often mistaken.”
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
IMF Upgrades Global Growth Forecast as Weaker Dollar Supports Outlook
House Republicans Move to Defund OECD Over Global Tax Dispute
France Opens Criminal Investigation into X Over Algorithm Manipulation Allegations
Trump Steamrolls EU in Landmark Trade Win: US–EU Trade Deal Imposes 15% Tariff on European Imports
ChatGPT CEO Sam Altman says people share personal info with ChatGPT but don’t know chats can be used as court evidence in legal cases.
Intel Reports Revenue Beats but Sees 81% Rise in Losses
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
UN's Top Court Declares Environmental Protection a Legal Obligation Under International Law
"Crazy Thing": OpenAI's Sam Altman Warns Of AI Voice Fraud Crisis In Banking
The Podcaster Who Accidentally Revealed He Earns Over $10 Million a Year
UK Government Considers Dropping Demand for Apple Encryption Backdoor
Japanese Man Discovers Family Connection Through DNA Testing After Decades of Separation
Russia Signals Openness to Ukraine Peace Talks Amid Escalating Drone Warfare
Switzerland Implements Ban on Mammography Screening
Pogacar Extends Dominance with Stage Fifteen Triumph at Tour de France
President Trump Diagnosed with Chronic Venous Insufficiency After Leg Swelling
CEO Resigns Amid Controversy Over Relationship with HR Executive
NVIDIA Achieves $4 Trillion Valuation Amid AI Demand
Tulsi Gabbard Unveils Evidence Alleging Political Manipulation of Intelligence During Trump Administration
Centrist Criticism of von der Leyen Resurfaces as she Survives EU Confidence Vote
Trump Announces Coca-Cola to Shift to Cane Sugar in U.S. Production
FIFA Pressured to Rethink World Cup Calendar Due to Climate Change
Zelensky Reshuffles Cabinet to Win Support at Home and in Washington
"Can You Hit Moscow?" Trump Asked Zelensky To Make Putin "Feel The Pain"
Church of England Removes 1991 Sexuality Guidelines from Clergy Selection
Superman Franchise Achieves Success with Latest Release
Hungary's Viktor Orban Rejects Agreements on Illegal Migration
Air India Pilot’s Mental Health Records Under Scrutiny
Jamie Dimon Warns Europe Is Losing Global Competitiveness and Flags Market Complacency
Moonshot AI Unveils Kimi K2: A New Open-Source AI Model
Martha Wells Says Humanity Still Far from True Artificial Intelligence
Nvidia Becomes World’s First Four‑Trillion‑Dollar Company Amid AI Boom
EU Delays Retaliatory Tariffs Amid New U.S. Threats on Imports
Trump Proposes Supplying Arms to Ukraine Through NATO Allies
US Opens First Rare Earth Mine in Over 70 Years in Wyoming
Bitcoin Reaches New Milestone of $116,000
Severe Heatwave Claims 2,300 Lives Across Europe
Declining Beer Consumption Signals Cultural Shift in Germany
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
Western Europe Records Hottest June on Record
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
China’s Central Bank Consults European Peers on Low-Rate Strategies
France Requests Airlines to Cut Flights at Paris Airports Amid Planned Air Traffic Controller Strike
Poland Implements Border Checks Amid Growing Migration Tensions
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
×