Ed Sheeran Case Goes Into Deliberations After Judge Tells Jury: ‘Independent Creation Is a Complete Defense’
copyright infringement trial at the end of the court day Wednesday, as the judge sent the Manhattan jury into deliberations with a pointed admonition: “Independent creation is a complete defense, no matter how similar that song is.”
In closing arguments, Sheeran attorney Ilene Farkas referred back to the other side’s contention that the singer’s concert mashup of the two songs constituted “a smoking gun” and “a confession.” Said Farkas, according to the, “He did a mashup one night. That’s a plaintiff’s confession, their smoking gun?… Simply put: the plaintiff’s ‘smoking gun’ was shooting blanks.”
Dr. Lawrence Ferrar, an expert musicologist called by Sheeran’s team to counter one brought in earlier by the plaintiffs’ lawyers, said that “Georgy Girl” shares a similar chord progression and “anticipated” rhythm with both “Let’s Get It On” and “Thinking Out Loud,” while having come out years before either of them. He played Muzak-style versions of the single performed by the Boston Pops Orchestra and the 101 Strings Orchestra to reinforce his points.
Keisha Rice, another attorney for the plaintiffs, argued in return that the case hinged on “the way in which these common elements were uniquely combined.”
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