Ed Sheeran's 2017 hit Shape Of You does not infringe another artist’s copyright, a High Court judge in the UK has ruled.
At a trial last month, the singer and his Shape Of You co-writers, Snow Patrol’s John McDaid and producer Steven McCutcheon, faced accusations that they ripped off the 2015 song Oh Why by Sami Chokri and Ross O’Donoghue.
Giving a summary of his ruling at a brief hearing on Wednesday, Mr Justice Zacaroli said there are "similarities" between the one-bar phrase which repeats the words "Oh Why" in Mr Chokri's song and the repetition of "OI" in Mr Sheeran’s song.
The judge said there was such a similarity that Mr Chokri 's initial reaction to hearing Shape of You was "understandable".
However, he said such similarities are "only a starting point" for a copyright infringement claim and that there are also "significant differences" between the phrases in each of the songs.
Ed's been dealing with a lawsuit recently and he wanted to share a few words about it all pic.twitter.com/hnKm7VFcor
— Ed Sheeran HQ (@edsheeran) April 6, 2022
The judge added: "As to the elements that are similar, my analysis of the musical elements of Shape (Of You) more broadly, of the writing process and the evolution of the OI Phrase is that these provide compelling evidence that the OI Phrase originated from sources other than Oh Why.
"The totality of the evidence relating to access by Mr Sheeran to Oh Why (whether by it being shared with him by others or by him finding it himself) provides no more than a speculative foundation for Mr Sheeran having heard Oh Why."
He concluded that Mr Sheeran had "neither deliberately nor subconsciously copied" the phrase from Mr Chokri’s song.
Following the ruling, Sheeran, McDaid and McCutcheon, said in a statement: "We are grateful that Mr Justice Zacaroli has delivered a clear and considered judgment which supports the position we have argued from the outset. Shape of You is original. We did not copy the defendants' song.
"We respect the music of those who've come before us and have inspired us along the way, whoever they are. We have always sought to clear or to acknowledge our influences and collaborators. It doesn't matter how successful something appears to be, we still respect it."
The statement continued: "It is so painful to hear someone publicly, and aggressively, challenge your integrity. It is so painful to have to defend yourself against accusations that you have done something that you haven't done and would never do.
"While this has been one of the most difficult things we have ever been through in our professional lives, we will continue to stand up against baseless claims and protect our rights and the integrity of our musical creativity, so we can continue to make music, always."
The singer-songwriter and his co-authors originally launched legal proceedings in May 2018, asking the High Court to declare they had not infringed Chokri and O’Donoghue’s copyright.
Two months later, Chokri – a grime artist who performs under the name Sami Switch – and O’Donoghue issued their own claim for "copyright infringement, damages and an account of profits in relation to the alleged infringement".
The pair alleged that an "Oh I" hook in Shape Of You is "strikingly similar" to an "Oh Why" refrain in their own track.
During the 11-day trial at the Rolls Building in London, Sheeran denied he "borrows" ideas from unknown songwriters without acknowledgement and insisted he "always tried to be completely fair" in crediting people who contribute to his albums.
The singer told the court he was trying to "clear my name" and denied using litigation to "intimidate" Chokri and O'Donoghue into abandoning the copyright dispute.
Lawyers for the Oh Why co-writers labelled Sheeran a "magpie", alleging that he "habitually copies" other artists and that it was "extremely likely" he had previously heard Oh Why.
Chokri told the trial he felt "robbed" by the music star and was "shocked" when he first heard Shape Of You on the radio.
But lawyers for Sheeran, McDaid and McCutcheon said the allegations against them were "impossible to hold", with the evidence pointing to Shape Of You being an "independent creation".
Source: Press Association
