Skip to content
Saturday 29 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,824.26
+0.29%
DAX
26,569.99
+0.77%
CAC 40
8,401.18
+0.98%
STOXX 50
6,485.67
+0.95%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Monday 07 March 2022 12:31 pm  |  Updated:  Monday 07 March 2022 3:22 pm

Shape Of You: Ed Sheeran defends hit song in copyright legal battle

By: Leah Montebello

Add as a preferred source on Google
iHeartRadio Z100 Jingle Ball 2021 - Show
NEW YORK, NEW YORK – DECEMBER 10: Ed Sheeran performs onstage during iHeartRadio Z100 Jingle Ball 2021 on December 10, 2021 in New York City. (Photo by Jamie McCarthy/Getty Images for iHeartRadio)

British pop singer Ed Sheeran has given evidence at the High Court this morning as his three-week copyright case over the hit song Shape of You continues.

Sheeran is involved in a dispute with two songwriters Sami Chokri and Ross O’Donoghue who claim that the 2017 tune rips off parts of their song Oh Why.

According to coverage from Sky News, Sheeran told the court that he rejects the claim made during the opening day in court last Friday that he “borrows ideas and throws them into his songs, sometimes he will acknowledge it but sometimes he won’t”.

The implication was that the pop star credited larger artists, like Jay-Z or Taylor Swift, but failed to recognise smaller artists, such as Chokri and O’Donoghue.

Sheeran, who is worth an estimated £147m, was also questioned about tweets that were sent to him him by Sami Switch in 2011, and the suggestion was that he knew of the artist and his music.

Chokri and O’Donoghue’s legal team argue that the evidence is “overwhelming” that at the time of writing the song, Sheeran’s songwriting process involved collecting ideas rather than spontaneity. The 31-year-old singer rejected this argument.

Andrew Sutcliffe QC for Chokri and O’Donoghue said the crux of this case is ‘How does Ed Sheeran write his music?’ and whether he ‘makes things up as he goes along’ in song writing sessions. 

Discussing the case, John Coldham, intellectual property partner at the law firm Gowling WLG, said: “Copyright infringement involves taking a “substantial part” of the original work.  There are often notes or phrases that find their way from one piece of music to another, and often there is little to complain about when it happens.”

“First, the person bringing the claim has to prove that there has been copying – this is not always easy unless the similarities are so great that it is for the defendant to prove they did not copy. 

“That is what appears to be the subject of the current arguments.  Assuming copying is found to have taken place, they still need to prove that a substantial part has been taken – the test is qualitative, that is, is what has been copied enough to be said to have taken the artistic skill and labour of the claimant.”

“This can be a nuanced and subjective analysis, so it is difficult to predict how this case will turn out.”

Read more

Who sponsors the 20 Premier League clubs after gambling ban?

A Chelsea FC footballer in a blue kit with number 17, arm raised in celebration on the field.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Morning Wire Content
  • Media

Related Topics

  • music business

Trending Articles

  • Pensioners to hand over bank statements in government benefits crackdown

  • Jamie Carragher: HMRC petitions for Sky Sports star to be declared bankrupt

  • Brewdog founder James Watt hits out at ‘total silence’ over new venture

  • Lloyds Bank and Halifax users unable to use app in latest outage

  • As it happened: FTSE 100 falls but Nasdaq soars after Nvidia sales boom

More from Morning Wire

  • Who sponsors the 20 Premier League clubs after gambling ban?

    Sport Business
    A Chelsea FC footballer in a blue kit with number 17, arm raised in celebration on the field.
  • Tony worth Ten Bob in the City of York

    Sport
    Two racehorses and jockeys in colorful silks galloping on a green turf track during a horse race
  • Twomey’s Trean the bet in the Acomb

    Sport
    A man in a suit and patterned tie, with a horses ear visible, looks left against a green blurred background.
  • Forecast rain sweet for Sugar and Kalpana

    Sport
    Jockey in pink helmet and green/white silks riding a brown racehorse at full gallop on a green track.
  • Citi boss fires warning at government over banking tax

    Banking
    Jane Fraser, Citi CEO, speaking at a podium with a microphone, wearing glasses and a purple top.
  • State ready to Star on the Knavesmire

    Sport
    Smiling man in a flat cap and trench coat, light blue tie, white shirt, looking slightly right
  • Expect Sun after the rain at York

    Sport
    Two racehorses and jockeys in purple and green silks thunder down a grassy track, turf flying.
  • Keep Emit and Cover Up your sleeve for York

    Sport
    Smiling man in a tweed flat cap, blue shirt, and dark jacket, looking forward.
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook