Sheeran v Chokri
Ed Sheeran did not copy his song Shape of You from another song, because he had not heard it and the similarities were commonplace.
Facts
Sami Chokri and Ross O'Donoghue claimed that Ed Sheeran's song Shape of You, released in 2017, copied a phrase from their song Oh Why, released in 2015. The phrase in question was the repeated Oh I post chorus hook. Ed Sheeran and his co-writers brought proceedings for a declaration that they had not infringed copyright, and the claimants counterclaimed for infringement.
Legal principle
Zacaroli J held that Ed Sheeran had not copied Oh Why. He found that there were similarities between the two phrases, but that there were also significant differences, and that the similarities were commonplace building blocks of music, which could be explained by other sources of inspiration. He also found that Ed Sheeran had not heard Oh Why, either consciously or subconsciously, before writing Shape of You, applying Francis Day & Hunter v Bron. A finding that the defendant had access to the work is not enough on its own to prove copying.
Related cases on copyright: infringement and defences
- Ashdown v Telegraph Group Ltd [2001] EWCA Civ 1142, [2002] Ch 149
- Baigent v Random House Group Ltd [2007] EWCA Civ 247
- Deckmyn v Vandersteen Case C-201/13, EU:C:2014:2132
- Designers Guild Ltd v Russell Williams (Textiles) Ltd [2000] 1 WLR 2416
- Francis Day & Hunter Ltd v Bron [1963] Ch 587
- GS Media BV v Sanoma Media Netherlands BV Case C-160/15, EU:C:2016:644
- Hubbard v Vosper [1972] 2 QB 84
- Hyde Park Residence Ltd v Yelland [2001] Ch 143
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