Ed Sheeran and the “Shape of You” Copyright Case

In2017, Ed Sheeran released Shape of You, a track that quickly became the best selling digital single of all time. With its infectious rhythm and global appeal, it topped charts in more than thirty countries and cemented Sheeran’s reputation as one of the world’s most successful contemporary songwriters.

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Yet behind the commercial triumph came a high profile legal dispute. In 2018, two songwriters, Sami Chokri (who performs as Sami Switch) and Ross O’Donoghue, claimed that Shape of You copied elements of their 2015 track Oh Why. The case, which reached the High Court in London, became a defining moment in modern copyright law, highlighting the growing number of disputes over alleged similarities in pop music.

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The Background: Two Songs, One Phrase

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Sami Chokri and Ross O’Donoghue were relatively unknown compared to Sheeran, but they alleged that Shape of You copied the “OhI” hook from their song Oh Why. They argued that the melody, vocal delivery, and placement of the phrase bore striking resemblance to their work.

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Ed Sheeran, along with co writers Johnny McDaid of Snow Patrol and producer Steven McCutcheon (known professionally as Steve Mac), denied the claim. They argued that the phrase in question was a commonplace musical expression and that any similarity was coincidental.

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The dispute quickly escalated, given the extraordinary commercial success of Shape of You. With billions of streams and massive royalties at stake, the outcome carried significant financial and reputational consequences.

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The Legal Battle

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The case was filed in 2018 and proceeded to trial in 2022 at the High Court of Justice in London. Both sides presented expert evidence, including musicologists who analysed the melodic and harmonic structure of the songs.

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Chokri and O’Donoghue argued that Sheeran had access to their work, suggesting that similarities were too significant to be mere coincidence. They pointed to industry connections and claimed that Oh Why had been circulated within circles that could have reached Sheeran.

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Sheeran, McDaid, and McCutcheon took the stand to defend their songwriting process. Sheeran in particular gave detailed testimony, even performing parts of his songs in court to demonstrate how he often developed melodies from simple, repeated motifs. His argument was that music is built on common building blocks, and overlaps are inevitable when artists are drawing from the same pool of ideas.

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The Verdict

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In April 2022, Mr Justice Zacaroli delivered his judgment. The court ruled in favour of Sheeran, concluding that he had not copied Oh Why. The judge found that while there were similarities between the two songs, they were not sufficient to prove deliberate copying. He accepted Sheeran’s testimony that the hook in question was a common phrase that could easily occur independently.

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The ruling was a decisive victory for Sheeran, clearing him and his co writers of any wrongdoing. However, the case had taken years to resolve, with significant costs and stress for all involved.

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The Impact on the Industry

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The Shape of You case highlighted the growing number of copyright disputes in the music industry, particularly around short melodic phrases and hooks. As pop songs increasingly rely on catchy, repetitive motifs, accusations of similarity have become more common.

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The case also underscored the challenge of distinguishing between inspiration, coincidence, and infringement. With billions of songs now accessible online, the potential for overlaps is greater than ever. The judgment reinforced the principle that copyright protects original expression but does not extend to common musical phrases or ideas.

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For Sheeran, the case became a platform to speak out about the strain of constant legal battles. He argued that frivolous claims were damaging creativity, as songwriters feared being sued for unintentional similarities. His public stance struck a chord with many in the industry who shared his concerns.

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Lessons for Musicians Today

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The Ed Sheeran case offers several key lessons:

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• Common elements are not protected. Short melodic phrases, particularly simple ones, are unlikely to be protected by copyright on their own.

• Documentation helps. Being able to demonstrate how a song was written, as Sheeran did, can be decisive in defending against claims.

• Disputes are costly. Even when successful, defending against infringement claims requires significant time, money, and emotional energy.

• The industry is litigious. With streaming revenues high and songs widely available, copyright disputes are becoming more frequent.