The development comes nearly five months after a jury cleared the singer of accusations that his “Thinking Out Loud” infringed the earlier song.
. In their original lawsuit, Kathryn Townsend Griffin and other Townsend heirs alleged that Sheeran had “knowingly and intentionally infringed” the 1973 hit and, in their words, stole the “heart” from the track, one of the most “instantly recognizable songs in R&B history.”
One key piece of evidence in the case was a video of a 2014 concert given by Sheeran, during which the singer effectively acknowledged that the two songs were similar by toggling between them on stage. But his lawyers contended that the tunes merely share commonplace musical building blocks that, in their words, cannot be “monopolized” under copyright law.
Following a dragged-out legal process, in April the case finally made it to trial, when lawyers for the Townsends played the concert clip in question and called it a “smoking gun.” At one point, Sheeran himself took the stand andJurors ultimately sided with Sheeran in a verdict handed down May 4, finding that he and his co-writer,, had independently written “Thinking Out Loud.” Had the Townsends prevailed, Sheeran faced paying potentially millions of dollars in damages.
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