British singer ‘neither deliberately nor subconsciously’ copied a phrase from song by Sami Chokri, judge says
In a trial last month, Sheeran and his Shape of You co-writer, Snow Patrol's John McDaid and producer Steve McCutcheon faced allegations that they sabotaged the 2015 song Oh Why by Sami Chokri and Ross O'Donoghue. .
On Wednesday, Mr Justice Zacaroli concluded that Sheeran "neither intentionally nor subconsciously" copied a phrase from Oh Why when writing Shape of You.
The judge noted that there were "similarities" between a one-time phrase repeating the words "oh why" in Chokri's song, and Sheeran's repetition of "oh I", such similarities being "only a starting point" for copyright. There are claims of infringement, and there are also "significant differences" between the phrases in the lyrics.
Responding to the ruling, Sheeran called for "baseless claims" of plagiarism to end.
In a video shared with his 37.7 million followers on Instagram, the singer said: "Such claims are now very common and there has been a culture where claims are made with the idea that settlement can be taken to court. would be cheaper, even if there is no basis for the claim, and it is actually detrimental to the songwriting industry.
"Pop music only uses so many notes and so few chords and coincidence is bound to happen if Spotify is releasing 60,000 songs a day, which is 22m songs a year, and only 12 notes are available." Huh."
Singer said that he "didn't want to take anything away from the pain and hurt of both sides of the matter, but I just want to say that I am not an entity, I am not a corporation, I am a human being. I am I am a father, I am a husband, I am a son.
"The litigation is not a pleasant experience and I hope this ruling means that such baseless claims can be avoided in the future. This really has to come to an end."
Another joint statement, with co-writers McDaid and McCutcheon, emphasized that the trio respected and accepted their influences and the music of their collaborators, "no matter how successful".
He said the matter had come at the cost of "creativity" and his mental health. “When we are involved in lawsuits, we are not making music or shows. We are both influenced by a wide circle of lyricists everywhere and everywhere."
Chokri, a grim artist who performs under the name Sami Switch, and his co-writer Ross O'Donoghue claimed that the "Oh I" hook in Shape of You was "striking" to the "Oh Why" in their track. was the same".
Legal proceedings began in May 2018, with Sheeran and his co-authors asking the High Court to declare that they did not infringe on Chokri and O'Donoghue's copyrights. Sheeran also said that his reputation has been tarnished by the allegations.
Two months later, Chokri and O'Donoghue released their claim for "copyright infringement, damages and an account of profits in connection with the alleged infringement". The two sides estimated costs between them in the region of £3m.
The judge dismissed Chokri's counterclaim on Wednesday and gave Sheeran and his co-writers a declaration that they did not infringe copyright in Oh Why.
He continued: "For Mr. Sheeran, the justification for the declaratory relief was only enhanced by the fact that although the case pertained only to Size [you], it was pursued against him on the grounds - which I deny - That he is a 'magpie' who habitually copies and hides the work of other songwriters."
Sheeran, who spent two days in the witness box, told the court he was trying to "clear my name" and denied using litigation to intimidate Chokri and O'Donoghue to drop the copyright dispute.
Superstars often burst into songs and melodies from Blackstreet's No Digty and Nina Simone's classic Feeling Good, demonstrating how common the melody that Shape of You is using.
He stated that it uses "a basic minor pentatonic pattern" that is "perfectly normal".
The singer has already credited the writers of TLC's '90s hit No Scrubs 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 was a "deep blow", arguing that the case should never have reached trial.
The Oh Why co-writers' attorney, Andrew Sutcliffe QC, alleged that Sheeran's attorneys pursued legal proceedings because PRS for Music — the industry body that collects and distributes royalties — had taken away any money from Shape of You's performance or broadcast. The royalties were "deposited". ,
He said the case was not about "how famous the claimants are, it depends on whether the defendants are not ... Shaggy, Coldplay, Rihanna or Jay-Z. If they were, they would have dealt with them in very different ways." dealt with."
It was alleged that Sheeran was targeted by Chokri's former management with an "integrated plan" to secure his interest in the singer, sending Oh Why to people around the star, including the late SBTV Founder Jamal Edwards was also involved.
Chokri explained in the lawsuit that he felt "robbed" by the music star and was shocked when he first heard Shape of You on the radio.
But the judge said Wednesday that the evidence "provides no more than a speculative basis" to hear Sheeran's oh why.
Shape of You, which Sheeran said he had originally envisaged to be performed by Rihanna or Little Mix, was a worldwide hit, becoming the bestselling song of 2017 in the UK.