Ed Sheeran 'Shape of You' Copyright Case - Verdict Explained! Sam Chokri (Sami Switch) VS Ed Sheeran

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Ed Sheeran "Shape of You" Copyright Case - Verdict Explained!

Ed Sheeran, Johnny McDaid & Steve Mac
VS
Sam Chokri and Ross O'Donoghue

Released in January 2017, Shape of You quickly became one of Ed Sheeran’s biggest hits. It reached number 1 on the charts in 34 countries including the USA where it stayed at the top of the Billboard charts for 12 weeks. It entered the UK charts at number 1 and remained there for 14 weeks.

With over 50million units sold or sales equivalent streams It has been awarded 11 gold discs, 94 platinum discs, and 9 diamond certifications, in short, it's one of the most successful pop songs of all time!

But did Sheeran's biggest hit take "substantial parts" of another song?
"Oh Why" by a little-known grime artist called Sami Switch...

In March 2022 a trial began at the high court in London to decide.

This is an in-depth breakdown of the whole trial.
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This was about copyright infringement.
The MELODY of the phrase was found in other songs predating "Oh Why", making it unoriginal and not copyrightable.
The LYRICS "Oh-I " and "Oh Why?" were both used in numerous songs predating "Oh Why" making them unoriginal and not copyrightable.
Copyright only applies to ORIGINAL elements of a song.
Sami didn't create the melody of the phrase. Sami didn't create the lyrics of the phrase.
He re-used existing elements created by others. That is why this is NOT copyright infringement.
Just because two things sound similar doesn't make it infringement.
These were not original elements, therefore infringement can not occur, that is why this case was frivolous.

pvann
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Well done Traxplotation for putting together this easy to understand, but detailed summary.

FlyGoodGroove
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It's a difficult one all I can say is I would love to be a fly on the wall. My god who wouldn't.

pod
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It feels like music copyright cases have gone a bit overboard lately, and some landmark cases coming to the entirely wrong verdict based on the intention of the law has made it a far better prospect for obscure artists with songs of spurious resemblance to hits to pursue infringement cases than how it used to be.

Luckily in this case, the verdict was 100% correct, and hopefully it will dissuade at least some groundless suits from ever being filed.

hakonsoreide
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“Only so many notes and very few chords used in pop music”.
Indeed, like Ed mentions a little later, there are only 12 notes in (western) music but the amount of chords you can make with them is vast.
He usually only uses 3 or 4 so it’s only logical for his songs to sound familiar to other songs that do the same.

zetmoon
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Sheeran comes out to be an honest guy. I think he genuinely wants to treat these other songwriters fairly.

jaqenhghar
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Incredible job as always man!!
I can’t believe how quickly you put this together just after the verdict has happened!
Keep em coming 🙌🙌🙌

FabioPoianMusic
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This is an amazing analysis of this matter thank you so much!

laylaschuh
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I wonder how the cause would've gone if Sami has registered the song before shape of you was released.

Seems like the basis of the verdict is that it's unlikely ed heard Sami's song before. What I mean by that is, of course he didn't mean to plagiarise the TLC song, but he did give credits to those writers. If Oh Why was registered, it'd probably be the same situation

rzd
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The verdict was absolutely correct. If song writers are constantly having to worry about similarities between songs they may be writing its just going distroy the art form. Every song takes things fro what came before thats how genre works if yoy dont take and use those bits then the song your trying to write no longer will fit that genra

rorynolan
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Issue for me is nearly every Ed Sheeran song i hear contains melodies that I can place in other songs. I like what Ed does but it is a recurring theme. Maybe it’s a case for all modern music; but I notice it more with Ed’s songs

fledglingtunes
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it's an interesting strategy many song writers and producers use

start a template utilizing winning elements
harmony melody riffs etc ..

maduroholdings
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This was a great video, thank you!!

On another note, I feel like there needs to be more talk around how the beginning melody in Chris Stapleton’s cover of Tennessee Whiskey sounds similar to Etta James’ I’d Rather Go Blind. That’d be an interesting one to discuss 🤔

emmzee
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Some claimants are i would say want that easy money.i find strange that just a few milliseconds of a song and you just cry foul saying they stole my music? It will bound to happen since musical chords are minimal

observerguy
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So so well done and how on earth did you do it so quickly!? And thoroughly!?

patriciahammondsongs
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People suing each other for TRIVIAL 5 note melodic fragments. Something one can "write" in 3 seconds. That part is completely ridiculous. Stealing riff AND words is far more serious.

jantonisito
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Deep diving through your videos. Excellent work. Subbed!

chuma
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Lawsuits over the similarities has gotten ridiculous in the music industry. There is no way in a finite world with a finite set of sounds that you're not going to have some crossover because of how the brain works. Utterly ridiculous.

knowledgetracker
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glad Ed Sheeran got away with the copy rights as I don't think he copied any songs one bit

mrniceguy
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I like both artists and I think new musicians could admit their influences once they learn of similar tracks previously recorded. Perhaps if Ed Sheeran and Robin Thicke had given Marvin Gaye's estate an acknowledging, respectful nod and an appreciative good faith offer regarding both Blurred Lines and Thinking Out Loud, this whole situation may have been able to have been resolved internally. The influences are crystal clear.

artisttemple