He’s sure to get Shivers about this news.
Singer Ed Sheeran has been ordered to fight his case in front of a jury after he was accused of copying elements from Marvin Gaye’s hit 1973 song, “Let’s Get It On” on his own Grammy Award-winning track, “Thinking Out Loud.”
The “Bad Habits” hitmaker’s legal team previously asked Judge Louis Stanton, who presides over the Southern District of New York, to dismiss the case on the grounds that the similar parts of the song were “commonplace.”
However, they were hit with bad news after Stanton ruled on Thursday that the case is heading to court.
“There is no bright-line rule that the combination of two unprotectable elements is insufficiently numerous to constitute an original work,” Judge Stanton said, according to Billboard’s initial report.
“A work may be copyrightable even though it is entirely a compilation of unprotectable elements.”
Structured Asset Sales (SAS), which owns a partial stake in the famous song, is seeking an eye-watering $100 million in damages.
According to the original suit, SAS alleges Sheeran’s chord progression in “Thinking Out Loud” is too equivalent to “Let’s Get It On.”
A trial date has not yet been set but it will take place in Manhattan Federal Court.
The Post has reached out to Sheeran’s reps for comment.
Sheeran’s hit song received two Grammy wins for Song of the Year and Best Pop Solo Performance at the 2016 Grammy Awards.
It was also nominated for Record of the Year, which ultimately went to Mark Ronson and Bruno Mars for “Uptown Funk.”