When songs have similar melodies, chords or lyrics, do you think it is more often a result of plagiarism or sheer coincidence?
“Shape of You” by Ed Sheeran is currently the most streamed song on Spotify, but another musician accused Mr. Sheeran of copying parts of it. In “Ed Sheeran Wins ‘Shape of You’ Plagiarism Case,” Alex Marshall writes about a judge’s recent ruling that has wider implications for the music industry:
Ed Sheeran did not steal from another songwriter when he wrote his 2017 megahit “Shape of You,” according to a highly anticipated court ruling here on Wednesday.
Justice Zacaroli, the judge overseeing the case, said “Mr. Sheeran neither deliberately nor subconsciously copied” the track “Oh Why,” by the British songwriter Sami Chokri, who records as Sami Switch.
There was “no more than speculative” evidence that Mr. Sheeran had even ever heard “Oh Why,” Justice Zacaroli added, dismissing Mr. Chokri’s claim of copyright infringement.
The plagiarism case was only the latest involving a prominent songwriter, but recording industry executives have been watching the case closely, because of its potential to bolster other claims. Mr. Sheeran still faces a pending trial in New York over another of his hits, “Thinking Out Loud,” which won song of the year at the 2016 Grammys; some of the owners of the rights to Marvin Gaye’s song “Let’s Get It On” accuse Mr. Sheeran of copying it.
At the heart of the case in London was a short passage in “Shape of You,” which topped charts worldwide and currently stands as the most streamed song on Spotify, with over three billion plays. In the track, Mr. Sheeran repeatedly sings the hook “Oh, I,” in a rising pentatonic melody, which Mr. Chokri claims was based on a section of his song “Oh Why,” which was released in 2015 but had comparatively little success.
The article concludes:
In his ruling, Justice Zacaroli wrote that while Mr. Chokri’s shock at hearing “Shape of You” was understandable, given the similarities between the two songs, such coincidences “are not uncommon.” Even if Mr. Sheeran had been looking for inspiration for the track, he added, Mr. Chokri’s track was “far from an obvious source.”
Shortly after the ruling, Mr. Sheeran posted a clip to his Instagram account saying that as much as he was “happy with the result,” he felt “claims like this are way too common now.”
“There’s only so many notes and very few chords used in pop music,” Mr. Sheeran said, adding that, given that, “coincidences are bound to happen if 60,000 songs are released every day on Spotify.” The culture of lawsuits, Mr. Sheeran said, “really does have to end.”
Students, read the entire article, then tell us:
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After the ruling, Mr. Sheeran said that given the limited notes and chords common in pop music and the thousands of songs released each day, “coincidences are bound to happen.” Do you agree? If two songs sound alike, do you tend to think it’s a result of one artist stealing from another — consciously or unconsciously — or a coincidence?
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Briefly listen to the two songs in this case: Ed Sheeran’s “Shape of You” and Sami Switch’s “Oh Why.” How alike do they sound to you? If you were the judge, how would you have ruled, and why?
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In your view, when is it OK for an artist to borrow from someone else’s work? Can you think of any examples when it would be acceptable? When do you think borrowing crosses the line into plagiarism?
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Do you think artists should be punished for “cryptomnesia” — a term for when someone mistakes an idea they have already encountered for an original thought? Have you ever experienced cryptomnesia? Do you think it is possible to determine when it has occurred?
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This case is similar to many other suits against pop musicians. Do you agree with Mr. Sheeran, who believes that cases of this kind are too common? Why or why not?
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