Yes—but the Supreme Court did not rule that Ed Sheeran’s song was non-infringing. In June 2025, it declined to hear a challenge brought by Structured Asset Sales, leaving in place the Second Circuit’s November 1, 2024 decision affirming dismissal of the copyright claim. The appellate court’s ruling turned on the specific sheet music registered for “Let’s Get It On,” the musical elements claimed, and whether the songs were substantially similar as a whole.
What did the Supreme Court decide?
The Supreme Court declined to hear Structured Asset Sales, LLC’s petition challenging Sheeran’s appellate win, according to Law360’s case report. That left the Second Circuit’s judgment in place. It was not a new Supreme Court ruling on infringement, and the Court did not conduct a trial or decide the musical-similarity questions itself.
The underlying decision came from the U.S. Court of Appeals for the Second Circuit on November 1, 2024. It affirmed the dismissal of Structured Asset Sales’ claim against Sheeran and co-writer Amy Wadge.
What was the copyright dispute about?
Structured Asset Sales claimed that Sheeran and Wadge’s 2014 song “Thinking Out Loud” infringed the copyright in “Let’s Get It On,” written by Ed Townsend and Marvin Gaye. The relevant copyright registration dated to 1973. The dispute was not simply whether the recordings sound alike: the courts examined what the registered work covered and the musical material the plaintiff said had been copied.
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The registered work was represented by deposited sheet music
The Second Circuit held that the registration under the 1909 Copyright Act covered the musical composition as represented in the sheet music deposited with the Copyright Office—not elements found only in Gaye’s sound recording. That distinction defined the material the court could assess for this claim.
The appellate decision therefore should be read as a ruling about this registration, this asserted material, and this theory of infringement. It does not establish that chord progressions or musical styles can never receive copyright protection.
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The claim focused on a combination of musical features
The asserted material included a chord progression and a syncopated harmonic rhythm. In its May 16, 2023 reconsideration ruling, the Southern District of New York concluded that the combination as claimed was too commonplace to qualify for copyright protection. The court dismissed the complaint; the Second Circuit later affirmed the judgment.
Why did the Second Circuit affirm dismissal?
The appellate court addressed both the originality of the claimed combination and the songs’ overall similarity. It upheld summary judgment, concluding that the selection-and-arrangement theory was insufficient and that no reasonable jury could find the songs substantially similar as a whole.
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The district court found the pleaded combination of the chord progression and harmonic rhythm too commonplace to support the claim. The Second Circuit’s analysis was tied to the registered composition and the theory Structured Asset Sales presented—not a universal rule that those kinds of musical elements are always unprotectable.
The melodies and lyrics differed when the songs were considered as a whole
The Second Circuit also found the songs’ melodies and lyrics dissimilar. Considering the works as a whole, it held that the asserted selection and arrangement did not allow a reasonable jury to find substantial similarity.
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How the case reached the Supreme Court
- 1973: Townsend and Gaye wrote “Let’s Get It On,” and sheet music was deposited with the Copyright Office.
- 2014: Sheeran and Wadge wrote “Thinking Out Loud.”
- May 16, 2023: The Southern District of New York granted reconsideration and dismissed Structured Asset Sales’ complaint.
- November 1, 2024: The Second Circuit affirmed the district court’s judgment in its opinion.
- June 2025: The Supreme Court declined to hear the petition, leaving the appellate judgment in place, according to Law360.
What the ruling does—and does not—mean
- It does mean that the dismissal of Structured Asset Sales’ claim against Sheeran and Wadge stands.
- It does mean that the courts evaluated the claim against the 1973 sheet-music deposit copy and the particular musical features asserted.
- It does not mean that the Supreme Court reached the merits of the infringement dispute; it declined review.
- It does not mean that chord progressions or musical styles are categorically outside copyright protection. The appellate decision addressed the registered work and arguments in this case.
What the opinions say about the songs’ reach
The Second Circuit’s 2024 opinion reported that “Thinking Out Loud” had more than 3.8 billion YouTube streams and 2.5 billion Spotify streams, citing platform pages accessed October 31, 2024. Those are dated figures reported by the court, not current totals. The opinion also noted that the song won Song of the Year and Best Pop Solo Performance at the 2016 Grammy Awards.
The district court’s conclusion on infringement stated: “The answer is that they [the defendants] did not.” That sentence was the Southern District of New York’s conclusion—not a statement by the Supreme Court.
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