An 11-day trial over the copyright of Ed Sheeran’s hit song “Shape of You” has concluded.
Lawyer Andrew Sutcliffe, representing the “Oh Why” co-writers, argued there was an “indisputable similarity between the works” and suggested the chances of two songs that “correlate” appearing within months of each other was “minutely small.”
The lawyer claimed that Sheeran had “Oh Why” “consciously or unconsciously in his head” when “Shape of You” was written in 2016. He also alleged that Sheeran, who attended the hearing throughout, was dishonest and evasive in giving evidence to the trial. Sheeran and his co-writers say they have disclosed material to the trial and do not remember hearing “Oh Why” before the court case. Justice Antony Zacaroli said Tuesday he would deliver his judgment “as soon as I can.” Earlier this month, Sheeran sang a brief bit of Nina Simon’s “Feeling Good” in court while presenting evidence in the trial.
Giving evidence on the second day of the trial, Sheeran sang parts of “Feeling Good” and his 2013 single “I See Fire,” as well as the “Oh I, Oh I, Oh I” chorus hook from “Shape of You,” to illustrate that the melody he is accused of copying is a commonly used “minor pentatonic” pattern, according to the Press Association..
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