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Ed Sheeran Sued Over Two Songs for Sounding Too Similar

There is a fairly long history of lawsuits over songs sounding too "similar" – from the lawsuit over George Harrison's "My Sweet Lord" sounding too much like "He's So Fine" to the Verve getting sued by The Rolling Stones for the hit "Bittersweet Symphony" sounding similar to the Stones' "The Last Time." But after last year's verdict in favor of Marvin Gaye's estate, winning $7.3 million in the "Blurred Lines" case, the floodgates seem to have opened, with a bunch of similar lawsuits over songs that sound vaguely similar. For more context, here are the Rolling Stone’s article and Complex News’ video.

In June, songwriters Martin Harrington and Thomas Leonard, along with their publishing company, HaloSongs, filed a $20 million lawsuit against Sheeran, claiming that the Grammy winner copied their 2009 song “Amazing,” which was recorded by X Factor UK’s 2010 winner Matt Cardle in 2012, almost note-for-note in his 2014 hit “Photograph.” According to the prosecuting attorney, Richard Busch, “The similarity of words, vocal style, vocal melody, melody and rhythm are clear indicators among other things, that ‘Photograph’ copies ‘Amazing.’

Give them a listen (courtesy of YouTube):

Ed Sheeran’s “Photograph”

Matt Cardle’s “Amazing”

In documents, that include musical note comparison and chord breakdowns of the two songs, the pair claim the chorus of Photograph shares 39 identical notes with their track.

They say the similarities are "instantly recognizable to the ordinary observer." These are the chord structures of the choruses in Photograph and Amazing compared in court documents.

Matt Cardle has distanced himself from the case writing on Twitter, revoking the lawsuit.

ETHICAL ISSUE

It is especially problematic when the songs are clearly different, even if one was inspired by the other, or was written as a sort of homage to the original. This kind of building-on-the-works of others used to be a sign of flattery. But with millions of dollars being thrown around thanks to statutory damages, big lawsuits seem to be the answer instead. Earlier this month, Ed Sheeran was hit with a new lawsuit claiming that he infringed on an old famous Marvin Gaye’s 1973 classic, "Let's Get It On." This time, it is not the Gaye Estate that's suing, as in the "Blurred Lines" case, but rather the estate of a songwriter on that song, Ed Townsend. The accusation is that Sheeran's hit "Thinking Out Loud" infringes on "Let's Get It On." Here are the tracks respectively:

The bass lines are definitely similar, but that is really about it. They are pretty different songs in almost every other aspect, one of which is their lyrical themes. People definitely noticed similarities in the bass lines early on. Many reviews mentioned it. Someone even created a YouTube mashup to compare the two songs.

PERSONAL REFLECTION

With these two similar cases, I have observed how Ed Sheeran has used the same chord progression but in different keys. In my understanding of the law, he cannot be sued for that. The “Blurred Lines” case has literally blurred the lines of the music industry. Just because these songs have the same chord progression and tempo, does not mean that Ed committed plagiarism. Ed did not comment on any of the cases against him. As a singer-songwriter and musician myself, I believe in Ed’s musical genius. He deserves all the success he is

The focus on these kinds of lawsuits seems really damaging to the way music is created. Being inspired by other musicians or wanting to write something that "feels like" another artist is normal, therefore, it should never be copyright infringement. These are all different songs and they should stand and fall on their own power. But, of course, the recording industry concept of "ownership" and "intellectual property," combined with the rewards for winning a copyright lawsuit, due to statutory damages, this is what we end up with - a world where being creative in a manner that is inspired by someone else, or in homage to them, is called "theft" by some. These cases subconsciously have a massive effect on musicians and songwriters in creating their music, which the recording industry should take in consideration. 

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My CommCon 2.0 Experience

“Learn the rules before breaking them.” (Guerrero) “What cannot be measured cannot be improved.” (dela Cerna) “Start doing.” (Ongkeko-Marfil) These were the significant insights that have made an impact on me during the plenary talks that were given by JR dela Cerna, Ellen Ongkeko-Marfil, Maria Ressa, John Nery, and David Guerrero for the second DLSU Communication Conference.

As an aspiring filmmaker, I attended the conference for three reasons. First, the line-up of the plenary speakers was genius considering that their fields of expertise smoothly complimented each other despite their uniqueness. Second, I was assigned to perform, together with my colleague Raven Leonardo, during the event, representing our organization, De La Salle Innersoul. Third, it served as an alternative class for my PUBLISH class, therefore required. With all these considerations, I had to weigh my options and prioritize the decision that I will not regret at the end of the day.

I believe that the very foundation of mastering any specific field is through learning its basics, deconstructing, recreating, and innovating the basic truths that were initially presented, which is why learning the rules is important before breaking them. Without learning its guiding principles and related works, one cannot learn what has been done and what can be done in telling a compelling and unique story.

Mr. dela Cerna schooled the audience with ABS-CBN’s periodic table of elements, saying “What cannot be measured, cannot be improved.” The paradigm shift of media consumption from print, radio, television, to the internet that includes companies like Google, Facebook, and Snapchat influences the behavior of its audience, with the same composition, different state ideology of Mr. dela Cerna. 

Digital is ubiquitous now, which is why it is important to “keep social.” Studies have shown that millennials have short attention span, which is why Mr. dela Cerna advised us that by staying “social,” our attention span will be effectively utilized by synthesized and simplified content found online, amidst the continuous complexity that the “social world” brought into existence. 

When asked about what ignited her passion, she answered with a sincere heart - “Start doing.” (Ongkeko-Marfil) “Find that courage,” she added. I find this three-word-sentence the most impactful out of all the lessons I have learned that day because I am still on the hunt for a fresh story that I want to tell as a filmmaker. What made it inspiring is how Ms. Ongkeko-Marfil sincerely interpreted the meaning behind those words. This is simply her way of saying “learn by doing” - a practice I am accustomed to.

After the plenary talk, I was able to attend the breakout session: lecture for film, which tackled Color grading - something that I am most interesting in - Post- Production. After that, I immediately went onto my hands-on activity for Radio Broadcasting, however, upon learning that the session was canceled, I was immediately transferred to Commercial Photography, where the speaker, Mr. Jay Tablante, talked about his journey as a cosplay photographer. From his hour-long talk, I learned that “Creativity is the childhood that survived, use it well” and “Embrace your inner geek.” - truly inspirational. Check his portfolio here.

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The Future of Digital Publishing

“There’s no doubt that digital publishing has taken the Asia-Pacific by storm. A tsunami may be a terrible metaphor to apply to the region, but a gentler version of this big wave is what it is, a steady and sure encroachment of digital media on the terrain of traditional publishing.” - Butch Dalisay

While there is an ongoing debate on the future of print in the technological paperless age, there is no doubt that the demand for online media continues to rise. Philippine Star journalist Butch Dalisay gave a talk during the 2nd Conference on Digital Publishing in Asia-Pacific that was held in Shanghai, China in 2011. In line with this, here are some of his key points:

In South Korea, where as of 2009, 95% of all homes had broadband —the government has decided that all public-school textbooks will be digital by 2015, a move for which it has allotted $2.3 billion.

In Singapore, a homegrown e-book reader called the KeyReader may be late to the party, considering the predominance of the iPad and the Kindle, but it has one big plus going for it: free access to over 900,000 e-book titles in the collection of the National Library Board.

In Thailand, not only are many English titles on Thailand now available in e-book format; a Thai-language e-bookstore is now in operation, carrying around 1,000 titles — a figure the publisher expects to increase exponentially to 100,000 by the end of 2011.

In Indonesia, an e-book retailer called Papataka (“bookworm” in Sanskrit) offers more than 150,000 titles submitted by around 100 Indonesian and foreign publishers.

Taiwan’s Taoyuan International Airport boasts of the world’s first public e-book library, where (as of March 2010) passengers could browse through 400 titles on 30 devices — still not much, but it anticipates what could happen to public libraries in the future.

Here in the Philippines, digital publishing has definitely arrived, but it will take some time to settle in, to become popular, and to actually turn a profit, which is important if it is to become a social game-changer rather than just a format option for affluent readers. Digital publishing comes to the Philippines with a special urgency. Like the Internet itself, it is seen — perhaps too optimistically for now — as a great democratizer, which is something of an irony where digital access still separates one class of citizen from another.

After eight sessions of PUBLISH, I have come to appreciate the importance of teaching the art of digital publishing, which is why I have tweeted, “Digital Publishing?? Bigyan ng degree!! #PUBLISHA52,″ during a live tweeting session last Saturday, mimicking Willie Revillame’s famous line — “Bigyan ng jacket.”

Upon learning that Philippine universities do not offer a degree in Digital Publishing, I have found an existing program in Full Sail University, a U.S. based university that offers campus and online degree programs that are designed for the world of entertainment, media, arts, and technology. Offering associate's, bachelor's, and master's degrees, Full Sail's approach is centered on real-world industry experience and creative problem solving.

It’s degree on Digital Publishing offers students a progressive approach to advanced design through a hybrid of print fundamentals, breakthrough digital technology, and inspired research. Download their course catalog here.

Students will develop their understanding of form, function, and structure through context and technique. 

Students will embrace the creative process through curated discussions and relevant case studies. 

Students will follow practical approaches to creative organization, pre-production, time management, and other workflows that are commonly used in professional practice.

STORIES TO FOLLOW:

- The perils and pleasures of online journalism by CNN Philippines Life Staff

- The future of digital publishing by Ira Agting

- SAC BA Digital Publishing (Adobe) Degree, Santa Ana College

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My First Time ‘Going Live’

June 8th marks the day I first used Facebook Live. 

I was used to publishing edited videos online - from song covers to short films. After reading about Facebook Live online, I have come to realize that it is a unique platform that broadcasts one’s content in real time. What makes it different from all other media platforms is its raw factor.  

As typhoon Butchoy hit Manila yesterday, which called for the cancellation of classes all over the Philippines, I was able to maximize my time by planning and executing my Facebook Live interview for my Publish class. Without any knowledge on how to go about the situation, I googled for a step-by-step process of going live.  Google brought me to this, “How To Go Live On Facebook.” 

With Facebook Live you can use your phone to share a moment instantly with the people you care about. This means your friends, family or fans can be there with you, and you can respond to their comments and see their reactions.  -  Fidji Simo, Product Management Director

After watching the YouTube video, I carefully planned the flow of the interview - from the interviewee, list of questions, location, and techniques.

Looking for a topic must be one of the challenges that I faced before doing the live interview. I had to make sure that the topic was interesting enough to make the video interesting for people to watch. I decided to go with Pokemon Go, an augmented-reality game developed by Niantic for iOS and Android devices, which was released earlier this month. 

After reading several articles and watching a few videos about my topic, I went ahead and called my good friend, Micah Gabriel for the interview - knowing that she was free at that time. Before constructing my interview questions, I briefed Micah that the interview would be done live on Facebook, which terrified her a bit. However, after negotiating with her, I was able to get her approval. 

While coming up with interesting interview questions, I asked Micah to watch “Pokemon Go - Before You Buy” on YouTube to equip her with an overview of the game. Alas, the time has come to test the waters. Before going live, I changed the viewing setting to “Only Me” - a tip that I learned earlier. Another challenge occurred while framing my video. I also considered the lighting and sound quality of the interview to ensure that my viewers would understand the interview as it airs.

IT’S TIME.

After five takes, I have published my first Facebook Live interview for everyone to see. Currently, I have 366 views on my video, which is big for a beginner like me.

I strongly believe that I can do better next time. Maybe I can do live song covers for my family and friends someday, but until then, I am glad that I have stumbled upon using Facebook Live for the very first time. 

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Limelens: The Revolutionary Mobile Photography Lens

Limelens Introductory Set: The Thinker, The Captain, and Limeclips 

Limelens releases its top of the line lenses for $99. Nowadays, mobile photography has become a global trend among the youth. Since the “Shoot-Edit-Share” culture was developed over time, the desire for better mobile lenses emerged.

The Limelens introductory set includes The Thinker (a dual macro/wide lens), The Captain (a 190 degree fisheye lens), and Limeclips that attaches to over 40 smartphone and tablet devices.

"Limelens has recognized that people are choosing smartphones over conventional cameras and we have responded to this trend with the introduction of Limelens, a range of sleek, intuitively designed smartphone lenses that are compatible with major smartphone brands." -  Faye Jones, the Communications Director of Limelens

IS IT WORTH IT?

compatible with 40+ devices

takes photographs with wider angles

captures incredible details of the subject

provides a sense of community, encouragement and inspiration

Limelens has recently published promotional videos on their YouTube account. Watch them here: Photography just got easier - The Fire and  Photography just got easier - The Beach. Also, check out Limelens’ Instagram page.

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YouTube Addict

The Beginning

The day my parents decided to connect to the internet was the day I explored a few websites such as Friendster and Newgrounds. Eventually, I grew tired of them because I realized that socializing in real life is more fun than staring at a screen all day long. 

source: 9GAG

As a visually-oriented kid, I leaned towards watching television programs during my free time. This sparked my curiosity whether an existing site catered to my interest. With Yahoo as my search engine, I typed in video website. After a few seconds, the name YouTube appeared. BOOM - instant fan.

I was immersed in its available content, retiring late at night even though I have school the next day. Seeing that it affected my health and studies, my parents decided to limit my internet use to two hours a day, which I understood. I knew that it was for the better.

YouTube is a video-sharing site that has easily secured its place in pop culture, primarily because it offers so much to discover in its comprehensive video library of information, education, instruction, and entertainment. - Common Sense Media

The beauty of YouTube is being able to see so much in one place at any given time. What makes it such an innovative site is its usefulness as a creative outlet for kids and adults alike. It is not only a place to experience and enjoy the creativity of others but also a place to exercise your own. 

My First YouTube Video

At 15 years old, I got into songwriting. As a teenager, I was curious about life and its inconsistencies, which is why I wrote a song entitled Life What Does It Mean and posted it on YouTube afterward. I received a total of 51 views after a week. Then, I decided to delete it because I felt like I was not ready, shying away from all the critics.

YouTube ignited my passion for filmmaking. I got to explore various movie trailers and was fascinated by them. Currently, I am addicted to Casey Neistat’s vlogs because of its unique content. Also, I am hooked by Unbox Therapy videos because I am a techie as well. Last, but not the least, I live for iiSuperwomanii because of its entertaining factor. For my dailies, I love ThEllenShow and The Tonight Show Starring Jimmy Fallon. I am subscribed to YouTube artists in the likes of AJ Rafael, Tori Kelly, Gabe Bondoc, and Leroy Sanchez. 

In addition to this, YouTube is great for business. Video helps increase engagement and shareability of any piece of content. As a Communication Arts and Business Management student, I find YouTube useful in diverse ways.

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Create and Innovate: A Perspective on Digital Publishing

As a Communication Arts and Business Management student, digital publishing is important for me to learn because its one of the many languages of business and art. Living in a world where technology progresses and grows with us everyday makes it easier to create and innovate ideas from mere creativity. Nowadays, possibilities of new innovations are endless, which is why in order for me to contribute to society, I have to treat digital publishing as a tool that will enable me to do what I love for the ones I love, which is why I must have a deep understanding of its different technicalities and approaches.

I am an avid learner. My childhood dream was to become a famous singer. This encouraged my mom to give me in voice lessons. In high school, I learned how to play the piano, guitar, and violin. Also, I learned to love the art of film, which is why I would like to become a director someday. Last term, I was able to explore the art of photo manipulation and video editing.

As a Communication Arts student, I believe digital publishing will guide my creativity to new heights because of its wide range of tools that would aid me in my interests. On the other hand, as a Business Management student, it will help me expand my array of skills when it comes to packaging my products and/or services digitally. Also, it will be easier for me to think of new approaches to compete with other artists and businesses. 

In five years, I foresee that my knowledge in digital publishing will help me in starting my business in terms of approaching my target market. Also, it will help me market and publicize my first independent film. As a fresh graduate with no to little experience of the “real world”, by the very least, I am knowledgeable of the tools to use that would boost the probability of making a mark in this world.