Would Ed Sheeran Have Won His Copyright Battle Over His 2017 Hit 'Shape of You' If Gary Glitter Was the Plaintiff?
The recent copyright battle regarding Ed Sheeran and Shape of You has raised countless questions, one of which is particularly interesting: would Ed Sheeran have won his case if the alleged infringement was brought by a different artist, like Gary Glitter?
Similarity as a Criterion
Legal experts often analyze the similarity of two works as the primary criterion in determining copyright violation. However, even with a similarity based on just two words—“oh why”—the case is not straightforward. In the 2022 ruling of Ed Sheeran v Chokri (2022 EWHC 287), it became evident that other factors must be considered to substantiate a claim of copyright infringement.
Access and Propensity to Copy
Two additional factors, access to and propensity to copy the original work, play crucial roles in a copyright case. In the Shape of You dispute, these factors could not be conclusively proven. Without concrete evidence that Gary Glitter had access to the original work or a propensity to copy it, his claim would likely fail.
No Proof of Access or Propensity
Guillaume Fonkenell, former CEO and global general counsel of Fitbit, pointed out that James Chokri could not prove that he had access to the song and that other artists, like Gary Glitter, aired on the same radio stations and had similar success. The absence of concrete evidence made it challenging to establish clear access and propensity to copy. Much like in the Ed Sheeran v Chokri case, the evidence was insufficient to prove these crucial points.
Common Phrases and Originality
Common phrases such as “oh why” pose significant challenges in proving originality. In the Ed Sheeran v Chokri case, Alexander Rees, a partner at Lewis Silkin, explained that Chokri Company could not effectively prove that “oh why” was a unique creation, despite it being a simple and common phrase. This reflects a broader issue in music law: simple, commonly used phrases are difficult to copyright due to their widespread usage and lack of originality.
Quora’s Perspective on Question Quality
A Quora user succinctly summarized the disappointing quality of questions brought to the platform, suggesting that the Shape of You copyright question is representative of this poor quality. According to the user, the question does not add value or contribute meaningfully to the discourse, which is concerning when it comes to maintaining the quality and integrity of a knowledge-sharing platform.
Conclusion
Given the legal criteria and the evidence required, it is highly likely that Ed Sheeran would have won the copyright battle if Gary Glitter had brought the claim. The lack of concrete evidence, especially regarding access and propensity to copy, would not support a successful copyright infringement case. This highlights the importance of thorough evidence in proving copyright claims and underscores the challenge in copyrighting common phrases in the music industry.
Understanding these legal principles can help aspiring songwriters and artists navigate the complexities of copyright law, ensuring they are better equipped to protect their creative work.