Ed Sheeran has secured another legal victory as the U.S. Court of Appeals for the Second Circuit denied 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 song from Clef Michael Townsend, son of co-writer Ed Townsend.

Key points of the ruling:

• The case was dismissed with prejudice in May 2023
• 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 recording's bass line was excluded as evidence since it wasn't in the original submission

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 earlier. However, the appellate court maintained its position, denying both panel rehearing and rehearing en banc requests.

This ruling follows Sheeran's earlier victory in a similar suit brought by the Townsend estate, and may impact future music copyright litigation cases.

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