In today’s CMU Daily: Ed Sheeran has again defeated a legal claim that his hit ‘Thinking Out Loud’ rips off Marvin Gaye’s ‘Let’s Get It On’. A jury sided with Sheeran on this claim in May 2023, but a second lawsuit was filed by a company with an interest in Gaye’s song. That second lawsuit was dismissed and then appealed

Also today: Madlib has sued his business manager Egon over allegations he mismanaged two companies they set up together to control the producer’s recordings and merchandise business. It’s claimed that, since they fell out, Egon is now holding Madlib’s IP and social media hostage

Plus: BBC Chair Samir Shah will make a number of demands of the government and media regulator OfCom in a speech tomorrow in a bid to ensure that the UK’s public service broadcasters can continue to compete in a market increasingly dominated by global platforms like those run by Netflix, Amazon and Disney 

Releases & tours: Each week CMU rounds up standout releases and tour announcements from the last seven days. This week: Jon Hopkins, Kanii, King Gizzard & The Lizard Wizard, Four Tet, The Weeknd, Mogwai + more, while tour announcements include Maribou State, ALESSI ROSE + more 

Another court says that Ed Sheeran’s ‘Thinking Out Loud’ is not a ‘Let's Get It On’ rip off

A US court has - yet again - ruled that Ed Sheeran’s 2014 hit ‘Thinking Out Loud’ doesn’t rip off Marvin Gaye’s ‘Let's Get It On’. If this all feels a bit groundhog day you’d be correct, because this is the third time an American court has reached this conclusion. Which, you might think, should settle this matter once and for all. Though don’t be too certain about that, there could be yet more legal proceedings. 

The legal battle you most likely remember in which Sheeran was accused of song-theft over ‘Thinking Out Loud’ was pursued by the estate of the co-writer of Gaye’s song, Ed Townsend. That ended up in front of a jury who ruled in Sheeran’s favour. However, another lawsuit was filed by Structured Asset Sales,which has an interest in ‘Let's Get It On’. A judge previously dismissed that lawsuit, but SAS appealed.

Which is why we now have a ruling from the Second Circuit Appeals court, which agrees with both the previous rulings on this. “No reasonable jury could find that the two songs, taken as a whole, are substantially similar in light of their dissimilar melodies and lyrics”, it ruled. Yes, the two songs share some musical elements - a four-chord progression and syncopated harmonic rhythm - but, “even when combined” those elements are “too unoriginal for copyright protection”. 

Those elements, combined in that way, appear in other “prominent musical works”, the judges added. And the company that sued Sheeran “failed to rebut evidence that this same combination appears in well-known songs predating ‘Let’s Get It On’”. 

The CEO of SAS, David Pullman, is, unsurprisingly, unimpressed with this latest ruling. In fact, he told Law 360 that the Second Circuit’s judgement was “absurd”, adding that - if the elements shared by ‘Let’s Get It On’ and ‘Taking Out Loud’ are commonplace - “how come you could only point at two songs in the history of the world that are similar?” 

SAS is now reviewing its options following last week’s ruling, though it has already filed a second lawsuit in relation to this dispute which is currently stayed...

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Horizon is CMU's weekly newsletter that brings you a hand-picked selection of early-stage career opportunities from across the music industry. Whether you're looking for your first job in music or you're ready to take a step up, Horizon is here to help you find your dream job faster.

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Madlib sues business manager over allegations of “rank self-dealing”

Producer Madlib has accused his long-time business manager Eothen Alapatt, aka Egon, of mismanagement and “rank self-dealing”, and of holding his social media accounts and intellectual property hostage.

According to a new lawsuit filed in California, Madlib met Egon when he was signed to Stones Throw Records. They then began working together in 2010, setting up label Madicine Show and merchandise company Rapp Cats, both of which were very much run and controlled by the manager. 

Madlib, says his lawsuit, “relied on and expected Egon to competently and diligently manage these two entities” and to “never put his own interests first”, trusting that his manager would run their joint venture companies in a fair and honest way. 

However, it’s claimed, Madlib “recently discovered that, not only was Egon not performing these duties, but he was also engaged in rank self-dealing, concealing information from and repeatedly breaching his duties to Madlib”...

BBC Chair says the “fight is on” to protect the UK’s “wonderful” public service broadcasters 

The Chair of the BBC will give a speech tomorrow saying that the “fight is on” to future-proof the UK’s public service broadcasters and protect the British programming that they produce and broadcast. 

Samir Shah is expected to say that public service broadcasting - which includes the output of ITV, Channel 4 and Channel 5 as well as the BBC - is a “very British success story” that has resulted in “something quite wonderful” that deserves to be protected. 

Shah will also make a number of demands of the UK government and media regulator OfCom during his speech at an event at Leeds Conservatoire. He wants ministers and the regulator to help more traditional broadcasters continue to compete in a marketplace increasingly dominated by the big global streaming services like those operated by Netflix, Amazon and Disney.

“Action is needed now to future-proof public service broadcasters, otherwise our very British success story will be part of our halcyon past”, Shah will tell an audience of industry leaders and policy makers...

CMU is presenting sessions at a number of conferences in the next few weeks, visiting Vill Vill Vest in Bergen, Output in Belfast and Most Wanted: Music in Berlin. CMU’s Pathways Into Music Foundation is also presenting the Music Industry + Music Education Conference with Un-Convention in Manchester.

In Bergen, there’ll be sessions on fanbase building and sync; in Belfast, evolving record deals and supporting new talent; and in Berlin, the music industry’s collecting societies and the diversifying digital market. The MIME Conference will bring together music educators and the music industry to discuss the best ways to support future music talent, both on stage and behind the scenes. 

👉 Read more about CMU's upcoming conference sessions

⏩ Releases & Tours: Oct-Nov 2024 (Week 44)         

Each week CMU rounds up standout releases and tour announcements from the last seven days. This week: Jon Hopkins, Kanii, King Gizzard & The Lizard Wizard, Four Tet, The Weeknd, Mogwai  + more, while tour announcements include Maribou State, ALESSI ROSE + more

Ab-Soul released his new single Crazier, featuring JID

Champion, Four Tet, Skrillex and Naisha collaborated on new single Talk To Me

Danny Boy and Snoop Dogg collaborated on new single My Everything

Delivery released their new single Only A Fool

Denzel Curry, LAZER DIM 700 & Bktherula collaborated on new single Still In The Paint

Fabiana Palladino released her new single Drunk

flipturn released their new single Juno

G-DRAGON released his new single POWER

Hachiku released her new single Keep On Swimming

I JORDAN released their new single Round n Round (KAVARI Remix)

Jon Hopkins released his new single Forever Held

Kanii released his new single young n turnt

King Gizzard & The Lizard Wizard released their new single Phantom Island

LIL UZI VERT released his new album ETERNAL ATAKE 2

Lola Young released her new single Charlie, featuring Lil Yachty

Lykke Li released her reverse-engineered album ƎYƎYƎ

Military Genius released his new album Scarred for Life

Mogwai released their new single Lion Rumpus

mxmtoon released her new album liminal space

RIA RUA released her new single Youll Only Like Me When Im Dead

sam gellaitry released his new single HOME

Sam Wilkinson released his new single This World We Made

Shawn Mendes released his new single Heart of Gold

SURF GANG founding member Eera collaborated with Lilac on new single As I Break Apart

Swollen Teeth released their new single Money And Greed

Tanerélle released her new EP Electric Honey

The Black Keys released their new single Im With The Band, featuring Beck

The Weeknd released his new single São Paulo, featuring Anitta

Tyler, The Creator released his new album CHROMAKOPIA

Willie Nelson released his new album Last Leaf On The Tree

Yemen Blues released their new single YYY, featuring Oxmo Puccino 

Tour Announcements

ALESSI ROSE announced her UK & EU tour for April 2025, including a show at Village Underground on 7 Apr

Dua Saleh announced their I SHOULD CALL THEM North American and UK/EU tour for 2025, including a show at Jazz Cafe in London on 13 Mar

Maribou State announced their UK & EU tour for 2025, including three shows at Alexandra Palace 14-16 Feb

Wunderhorse have extended their May 2025 tour with a date at Manchesters O2 Victoria Warehouse