Ed Sheeran has won his appeal in the copyright infringement lawsuit regarding "Thinking Out Loud" and its alleged similarity to Marvin Gaye's "Let's Get It On."

The United States Court of Appeals for the Second Circuit ruled that the songs' similarities don't warrant copyright protection. The three-judge panel emphasized that the Copyright Act of 1909 only protects the musical composition as defined in the 1973 sheet music, not elements present in the audio recording.

Key points from the ruling:

• The combination of a four-chord progression and syncopated harmonic rhythm was deemed too commonplace to warrant copyright protection
• Basic musical elements like notes, rhythms, and chords are generally not copyrightable
• The songs have entirely different melodies and lyrics
• No reasonable jury would find the two songs substantially similar

This ruling resolves the lawsuit filed by Structured Asset Sales (SAS), which owns part of the "Let's Get It On" royalties. It follows Sheeran's previous victory in a similar case brought by Ed Townsend's descendants, Gaye's co-writer.

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