Ed Sheeran has secured another legal victory as the U.S. Court of Appeals for the Second Circuit rejected a request to rehear an appeal in the "Thinking Out Loud" copyright infringement case.

The case, brought by Structured Asset Sales (SAS), claimed Sheeran's hit song infringed on Marvin Gaye's "Let's Get It On." SAS had acquired rights to the classic work from Ed Townsend's son, Clef Michael Townsend. The case was dismissed with prejudice in May 2023.

Key points of the ruling:

• The court determined the chord progressions in question were unprotectable
• Only elements present in the original Copyright Office sheet music submission could be considered for infringement
• The bass line, which wasn't in the Copyright Office submission, was excluded from consideration

SAS challenged the decision in a detailed 50-page appeal, arguing it was "bizarre" to limit protection to handwritten sheet music when a sound recording had been deposited at the Copyright Office earlier. However, the appellate court maintained its position, denying both panel rehearing and rehearing en banc requests.

This ruling may impact future music copyright cases, though infringement lawsuits continue to be filed regularly. Some cases, like Mariah Carey's, are moving toward quick resolutions in defendants' favor.

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