Budapest Post

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

Ed Sheeran wins court battle over Shape of You plagiarism accusation

British singer ‘neither deliberately nor subconsciously’ copied a phrase from song by Sami Chokri, judge says

Ed Sheeran has called for an end to “baseless claims” of plagiarism after winning a high court battle over whether he copied another artist’s track for his hit single Shape of You, the most streamed song in Spotify’s history.

At a trial last month, Sheeran and his Shape of You co-writers, Snow Patrol’s John McDaid and producer Steve McCutcheon, faced accusations that they had ripped off the 2015 song Oh Why by Sami Chokri and Ross O’Donoghue.

Over the course of 11 days, Sheeran – one of world’s biggest musicians, who has maintained a firm grip over pop for close to a decade with an array of chart topping hits – took the stand to defend himself against allegations that he had a habit of copying the work of other artists without giving them due credit.

But on Wednesday, he was vindicated after Mr Justice Zacaroli concluded that Sheeran “neither deliberately nor subconsciously” copied a phrase from Oh Why.

The judge said that while there were “similarities” between the one-bar phrase that repeats the words “Oh why” in Chokri’s song and the repetition of “Oh I” in Sheeran’s, such similarities are “only a starting point” for a copyright infringement claim, and there are also “significant differences” between the phrases in the songs.

In a video on Instagram shared with his 37.7 million followers after the ruing, Sheeran condemned a growing culture of unwarranted copyright claims.

“Claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court, even if there is no basis for the claim, and it’s really damaging to the songwriting industry,” he said.

“There are only so many notes and very few chords used in pop music and coincidences are bound to happen if 60,000 songs are being released a day on Spotify, that is 22m songs a year, and there are only 12 notes that are available.”

The singer said he did not want to “take anything away from the pain and hurt suffered from both sides of this case but I just want to say I’m not an entity, I’m not a corporation, I’m a human being, I’m a father, I’m a husband, I’m a son.

“Lawsuits are not a pleasant experience and I hope with this ruling it means in the future baseless claims like this can be avoided. This really does have to end.”

A further joint statement with co-writers McDaid and McCutcheon emphasised that all three respected and acknowledged the music of their influences and collaborators, no matter “how successful something appears to be”.

They said the case had come at a cost to “creativity” and their mental health. “When we are tangled up in lawsuits, we are not making music or playing shows. There is an impact on both us and the wider circle of songwriters everywhere.”

Chokri, a grime artist who performs under the name Sami Switch, and his co-writer Ross O’Donoghue had claimed the “Oh I” hook in Shape of You was “strikingly similar” to the “Oh why” refrain in their track.

Legal proceedings began in May 2018, with Sheeran and his co-writers asking the high court to declare they had not infringed Chokri and O’Donoghue’s copyright. Sheeran also said his reputation had been sullied by the allegations.

Two months later, Chokri and O’Donoghue issued their own claim for “copyright infringement, damages and an account of profits in relation to the alleged infringement”. Both parties anticipated costs in the region of £3m between them.

The judge dismissed Chokri’s counterclaim on Wednesday and granted a declaration to Sheeran and his co-writers that they had not infringed the copyright in Oh Why.

He added: “As for Mr Sheeran, the justification for declaratory relief was only increased by the fact that although the case only relates to Shape [of You], it was pursued against him on a basis – which I reject – that he is a ‘magpie’ who habitually deliberately copies and conceals the work of other songwriters.”

During the trial, Sheeran frequently burst into song and hummed musical scales and melodies from Blackstreet’s No Diggity and Nina Simone’s classic Feeling Good to demonstrate how common the melody that Shape of You uses is.

He said it uses “a basic minor pentatonic pattern” which is “entirely commonplace”.

The singer has already given the writers behind TLC’s 90s hit No Scrubs a credit on Shape of You after comparisons were made between the two songs.

Ian Mill QC, representing the Shape of You writers, said the legal battle had been “deeply traumatising”, arguing the case should never have reached trial.

The Oh Why co-writers’ lawyer, Andrew Sutcliffe QC, alleged that Sheeran’s lawyers brought the legal proceedings because PRS for Music – the industry body that collects and distributes royalties – had “frozen” any royalties from the performances or broadcasts of Shape of You.

He said the case was not about “how famous the claimants are, it boils down to that the defendants are not … Shaggy, Coldplay, Rihanna or Jay-Z. If they were, they would have been treated in a very different way”.

Sheeran, it was alleged, was targeted with a “concerted plan” by Chokri’s former management to secure his interest in the singer, with Oh Why being sent to those around the star, including the late SBTV founder Jamal Edwards.

Chokri told the trial he felt “robbed” by the music star and was left shocked when he first heard Shape Of You on the radio.

But the judge said on Wednesday that the evidence “provides no more than a speculative foundation” for Sheeran having heard Oh Why.

Shape of You, which Sheeran said he had originally envisaged being performed by Rihanna or Little Mix, was a worldwide hit, becoming the bestselling song of 2017 in the UK.

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
Wave of Complaints Against Apple Over iPhone 17 Pro’s Scratch Sensitivity
Munich Airport Reopens After Second Drone Shutdown
Pro Europe and Anti-War Babiš Poised to Return to Power After Czech Parliamentary Vote
Sean ‘Diddy’ Combs Sentenced to Fifty Months in Prison Following Prostitution Conviction
Altman Says GPT-5 Already Outpaces Him, Warns AI Could Automate 40% of Work
Russian Research Vessel 'Yantar' Tracked Mapping Europe’s Subsea Cables, Raising Security Alarms
Global Cruise Industry Posts Dramatic Comeback with 34.6 Million Passengers in 2024
U.S. Demands Brussels Scrutinize Digital Rules to Prevent Bias Against American Tech
Private Equity’s Fundraising Surge Triggers Concern of European Market Shake-Out
Tokyo’s Jimbōchō Named World’s Coolest Neighbourhood for 2025
European Officials Fear Trump May Shift Blame for Ukraine War onto EU
The Personality Rights Challenge in India’s AI Era
Italy Considers Freezing Retirement Age at 67 to Avert Scheduled Hike
Italian City to Impose Tax on Visiting Dogs Starting in 2026
Study Finds No Safe Level of Alcohol for Dementia Risk
Trump Says Ukraine Can Fully Restore Borders with NATO Backing
Europe Signals Stronger Support for Taiwan at Major Taipei Defence Show
Germany Weighs Excluding France from Key European Fighter Jet Programme
Cyberattack Disrupts Check-in and Boarding Systems at Major European Airports
Björn Borg Breaks Silence: Memoir Reveals Addiction, Shame and Cancer Battle
When Extremism Hijacks Idealism: How the Baader-Meinhof Gang Emerged and Fell
JWST Data Brings TRAPPIST-1e Closer to Earth-Like Habitability
Trump Orders $100,000 Fee on H-1B Visas and Launches ‘Gold Card’ Immigration Pathway
France’s Looming Budget Crisis and Political Fracture Raise Fears of Becoming Europe’s “Sick Man”
Three Russian MiG-31 Jets Breach Estonian Airspace in ‘Unprecedentedly Brazen’ NATO Incident
European manufacturers against ban on polluting cars: "The industry may collapse"
Turkish car manufacturer Togg Enters German Market with 5-Star Electric Sedan and SUV to Challenge European EV Brands
Christian Brueckner Released from German Prison after Serving Unrelated Sentence
World’s Longest Direct Flight China Eastern to Launch 29-Hour Shanghai–Buenos Aires Direct Flight via Auckland in December
New OpenAI Study Finds Majority of ChatGPT Use Is Personal, Not Professional
The conservative right spreads westward: a huge achievement for 'Alternative for Germany' in local elections
Pope Leo Warns of Societal Crisis Over Mega-CEO Pay, Citing Tesla’s Proposed Trillion-Dollar Package
Poland Green-Lights NATO Deployment in Response to Major Russian Drone Incursion
U.S. and China Agree on Framework to Shift TikTok to American Ownership
Le Pen Tightens the Pressure on Macron as France Edges Toward Political Breakdown
Czech Republic signs €1.34 billion contract for Leopard 2A8 main battle tanks with delivery from 2028
Penske Media Sues Google Over “AI Overviews,” Claiming It Uses Journalism Without Consent and Destroys Traffic
Indian Student Engineers Propose “Project REBIRTH” to Protect Aircraft from Crashes Using AI, Airbags and Smart Materials
One in Three Europeans Now Uses TikTok, According to the Chinese Tech Giant
Could AI Nursing Robots Help Healthcare Staffing Shortages?
NATO Deploys ‘Eastern Sentry’ After Russian Drones Violate Polish Airspace
The New Life of Novak Djokovic
German police raid AfD lawmaker’s offices in inquiry over Chinese payments
Volkswagen launches aggressive strategy to fend off Chinese challenge in Europe’s EV market
France Erupts in Mass ‘Block Everything’ Protests on New PM’s First Day
Poland Shoots Down Russian Drones in Airspace Violation During Ukraine Attack
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Macron Appoints Sébastien Lecornu as Prime Minister Amid Budget Crisis and Political Turmoil
Vatican hosts first Catholic LGBTQ pilgrimage
Apple Unveils iPhone 17 Series, iPhone Air, Apple Watch 11 and More at 'Awe Dropping' Event
×