T
div>The music industry is littered with copyright lawsuits filed daily, but most of them barely make it to the stand. However, today internationally acclaimed pop singer Ed Sheeran is faced with a US$20M lawsuit alleging that his 2014 hit song "Photograph" includes “verbatim, note-for-note copying”.
On the plaintiff's side, we have Grammy-nominated songwriters Martin Harrington and Tom Leonard represented by attorney Richard Busch. Harrington and Leonard accused Sheeran of leeching from their 2009 song "Amazing", which was recorded and released by Matt Cardle as a single upon his victory in the 2010 season of the TV talent show, The X Factor.
According to The Hollywood Reporter, the lawsuit claimed "Photograph" to be "too similar to both the composition written by Harrington and Leonard as well as the version recorded by Cardle".
The complaint also alleged that “the similarities go beyond substantial, which is itself sufficient to establish copyright infringement, and are in fact striking".
The Telegraph reported that "Photograph" has sold 3.5 million copies and garnered 208 million views on YouTube, as of this month, while "Amazing" has generated only in excess of 1 million views. More recently, "Photograph" was also featured in the soundtrack of a new film, Me Before You, which promises Sheeran a large sum of money in royalties.
Legal documents also indicate that "Photograph" was instrumental to Ed Sheeran’s household fame, earning him at least $20 million, which explains the large amount of statutory damages the plaintiff seeks. Additionally, Harrington and Leonard are also demanding a running royalty or an injunction.
Along with Ed Sheeran, Johnny McDaid, is credited as co-writer of "Photograph". Sony/ATV Songs, Warner Music and the recently sold Polar Patrol Music Publishing were also named co-defendants in this case.
In today’s digital world, song theft lawsuits are increasingly commonplace, but what makes this case especially noteworthy is the prominence of the people on both sides. Harrington's songs have been nominated for Grammy Awards. He wrote Natalie Imbruglia's chart-topping song "Shiver" and Kylie Minogue's Billboard hit "Love At First Sight". The duo have also penned tracks for Celine Dion and the Backstreet Boys. Their attorney boasts no lesser prestige.
The Nashville-based attorney has built a reputation with copyright lawsuits, having won a US$5.6 million one brought by Marvin Gaye’s family against Robin Thicke and Pharrell Williams over their song "Blurred Lines" last year.
“My clients are professional songwriters,” he said in a statement to NBC News. “Their work is their life and I am honored that they have trusted me with this very important case.”
There have been no comments made by Ed Sheeran’s camp.
The case is currently being heard in a federal court in California. (sab/asw)
Ed Sheeran is faced with a US$20M lawsuit alleging that his 2014 hit song "Photograph" includes “verbatim, note-for-note copying”. (Shutterstock/-)
