Ed Sheeran "Shape of You" Copyright Case - Verdict Explained! Sam Chokri (Sami Switch) VS Ed Sheeran

[@FlyGoodGroove]

Well done Traxplotation for putting together this easy to understand, but detailed summary.

[@pvann1703]

This was about copyright infringement. The MELODY of the phrase was found in other songs predating "Oh Why", making it unoriginal and not copyrightable. The LYRICS "Oh-I " and "Oh Why?" were both used in numerous songs predating "Oh Why" making them unoriginal and not copyrightable. Copyright only applies to ORIGINAL elements of a song. Sami didn't create the melody of the phrase. Sami didn't create the lyrics of the phrase. He re-used existing elements created by others. That is why this is NOT copyright infringement. Just because two things sound similar doesn't make it infringement. These were not original elements, therefore infringement can not occur, that is why this case was frivolous.

[@AviationTV]

At that point lawyer pvann1703 would say to the judge "no more questions your Honour"

[@pod9538]

It's a difficult one brother...... all I can say is I would love to be a fly on the wall. My god who wouldn't.

[@hakonsoreide]

It feels like music copyright cases have gone a bit overboard lately, and some landmark cases coming to the entirely wrong verdict based on the intention of the law has made it a far better prospect for obscure artists with songs of spurious resemblance to hits to pursue infringement cases than how it used to be. Luckily in this case, the verdict was 100% correct, and hopefully it will dissuade at least some groundless suits from ever being filed.

[@rujackswing618]

A Song Writer will Never Know if he Used some One Else's work.. Here Why... The Brain has a Lot of files. You can hear a tune when you are 3 & at 50 years Later it plays inside your mind.. Did you try to bring it up.?? No.. There is so Much in the World Man won't ever Know.. Peace...

[@r0z3d]

I wonder how the cause would've gone if Sami has registered the song before shape of you was released. Seems like the basis of the verdict is that it's unlikely ed heard Sami's song before. What I mean by that is, of course he didn't mean to plagiarise the TLC song, but he did give credits to those writers. If Oh Why was registered, it'd probably be the same situation

[@Traxploitation]

Registering the song would have achieved 2 things. It would have strengthened his case in the UK and would have enabled him to file the suit in the USA where laws are weaker and its much easier to win plagiarism cases thanks to some weird precedents set in the 1940s! He would almost certainly have won this case in an American court.

[@jamescorneliustaylor6997]

Interesting points here. The case should have been straightforward. No Scrubs starts with a C#m chord,, Why oh Why uses F#m - A - Bm in the hook. If you maintain the feel of No Scrubs then move into Why oh Why, it's actually hard NOT to come up with Ed's Shape of you hook which used C#m - F#m - A - B. Regarding the hook itself, it's not just the melodic and phonetic aspects which are effectively identical, but also the two part call response structure, the the SECOND/response part (I'm in love with....) also having melodic resemblance to Sami's response. I think Sami also sent his song in to Ed's producer. The plagiarism is really completely undeniable and I wish I'd been in court. I could have improvised lots of min pentatonic tunes to illustrate that Ed's 'Coincidence theory' is actually complete BS! The case needs an appeal.

[@ALIGHTFORTHEWORLD]

@@Traxploitation Then the American court needs to change because two words and a phrasing that is at best 50% similar isn't worth anything. Dude stole nothing, they jokesters deserve to pay the legal fees for a frivolous law suit. Jealousy at its finest is all these lawsuits are.

[@zetmoon]

“Only so many notes and very few chords used in pop music”. Indeed, like Ed mentions a little later, there are only 12 notes in (western) music but the amount of chords you can make with them is vast. He usually only uses 3 or 4 so it’s only logical for his songs to sound familiar to other songs that do the same.

[@Traxploitation]

So true! There'd be no genres, no musical movements if all similarities were infringements. 🤔 If I make a blues song it's inevitable that it will, to some degree, sound like other blues songs 🤷‍♂️ People who aren't fans of those genres often will say, all reggae songs sound the same, all rap sounds the same and so on... Yet its those non fans that end up on juries deciding the outcome 🤔

[@zetmoon]

@@Traxploitation what I also meant to say is that if Ed and his co-writers put a little more effort in their songwriting and use more, different and unusual chords he would have less risk of copying another song. Pop music used to be less generic that it is now.

[@jeremybean-hodges6397]

I agree. There is a difference between copying a few chords in mainstream pop, vs doing so in acid jazz.

[@davidmueller9342]

​@@Traxploitationeds song was written in 2007.

[@FabioPoianMusic]

Incredible job as always man!! I can’t believe how quickly you put this together just after the verdict has happened! Keep em coming 🙌🙌🙌

[@jaqenhghar2970]

Sheeran comes out to be an honest guy. I think he genuinely wants to treat these other songwriters fairly.

[@Traxploitation]

I agree. He does tend to copy/be inspired by other songs but he doesnt try and hide it, and seems more than willing to credit and pay contributing writers. I respect that. Meanwhile artists like Beyonce copy Bob Fosse's dance routines step for step then say they came up with it themselves through "divine inspiration" SMH! For me it goes like this, acknowledging where the idea came from makes it inspiration, hiding or lying about it makes it theft!

[@thevoid99]

no, his music will always be rubbish and he's a no-talent ginger.

[@burninggiraffe6615]

I do not agree

[@jaqenhghar2970]

@@burninggiraffe6615 respected.

[@elberno4243]

I think we watched a different video. The smug villain won the court case

[@laylaschuh781]

This is an amazing analysis of this matter thank you so much!

[@emmzee]

This was a great video, thank you!! On another note, I feel like there needs to be more talk around how the beginning melody in Chris Stapleton’s cover of Tennessee Whiskey sounds verryyyyy similar to Etta James’ I’d Rather Go Blind. That’d be an interesting one to discuss 🤔

[@stephenleverich7659]

No it shouldn't be 'discussed'. There are already too many discussions.

[@fledglingtunes]

Issue for me is nearly every Ed Sheeran song i hear contains melodies that I can place in other songs. I like what Ed does but it is a recurring theme. Maybe it’s a case for all modern music; but I notice it more with Ed’s songs

[@Traxploitation]

True. But he does write a ton of songs... more than most writers...up to 9 a day apparently, law of averages alone says that he's going to have more songs with similarities than most. 🤔 It's not even that new a thing... from the 1950s onwards there's tons of examples of "pop" songs with similarities...its how genres and musical movements start... with common themes, chord progressions and melodies. However, for most songs it's not worth the cost of legal action for what u might be awarded if you win...and there's a chance ull lose and end up with a massive legal bill. 🤷‍♂️ As one of most succesful songs writers of this generation Ed Sheeran is always going to be a target.

[@alfieholloway]

@@Traxploitation yes I hear you; but with other big artists I’ve never found myself thinking “that’s that song” like I do with Ed. These things will always happen. There will always be similarities. A lot of writers and producers are Uber paranoid about songs sounding like something else; to which I always say - “well it’s not done Ed sheeran’s career any harm by being overly familiar.” It’s an incredibly tricky topic.

[@XCodeHelpHub]

He is a thief.

[@maduroholdings]

it's an interesting strategy many song writers and producers use start a template utilizing winning elements harmony melody riffs etc ..

[@rorynolan2322]

The verdict was absolutely correct. If song writers are constantly having to worry about similarities between songs they may be writing its just going distroy the art form. Every song takes things fro what came before thats how genre works if yoy dont take and use those bits then the song your trying to write no longer will fit that genra

[@patriciahammondsongs]

So so well done and how on earth did you do it so quickly!? And thoroughly!?

[@Traxploitation]

Lots of coffee, much less sleep.... 😀

[@observerguy6943]

Some claimants are i would say want that easy money.i find strange that just a few milliseconds of a song and you just cry foul saying they stole my music? It will bound to happen since musical chords are minimal

[@mariaelisamanlutac507]

Agree..the chords are minimal..and with millions of songs that has been written it would really be unavoidable to have similar chords..

[@jantonisito]

People suing each other for TRIVIAL 5 note melodic fragments. Something one can "write" in 3 seconds. That part is completely ridiculous. Stealing riff AND words is far more serious.

[@Traxploitation]

But a "riff" CAN be just 5 notes...there is even such a thing as a one note melody. Melodies arent just made of notes. They also contain rhythm, in fact the intervals between the notes is more important than the notes themselves. I can take a melody and transpose it and still be recognised as the same melody and therfore still protected by copyright. The reason the section of "oh why' alleged to have been copied was not considered protected wasn't down to how many or how few notes it comprised of it was down to how substantial it was in the original works and if there was sufficient originality for it to be protected. Its an ascending pentatonic scale. You can't copyright a scale. So couldn't be protected.

[@jantonisito]

@@Traxploitation My point is that there is virtually NO "creativity" in writing 5 note riff - any musician can make up a bag of those in one sitting. Anybody can trnspose it to any key. Any musician can take a riff and play it using hundreds different rhythmic ideas. Those things are TRIVIAL so it should not be patentable. However when music is combined with words then the charge of plagiarism is much more substantial. Even trivial riff is unique if combined with similar lyrics. As such Ed comitted plagiarism imho.

[@Traxploitation]

@@jantonisito music isn't "patentable" at all, patents are for inventions with a novel step. Copyright protects artistic works like music and "trivial" elements of a song are not copyrightable. In this case, the "words" that were similar were "Oh I" in Shape of You and "oh why" in "Oh Why" that's not even a sentence. Copyright is not about calling dibs on combinations of words and notes which is why Stevie Wonder's "Happy Birthday" doesn't infringe on the well-known "Happy Birthday" song. There was no infringement here as Sheeran made it clear in his evidence his inspiration for that section was "No Diggity" the judge said as much in his conclusion "....clear evidence that "Shape of you" was derived from sources other than "Oh Why" " The writers of the Blackstreet song were not suing so this admission didn't affect the outcome.

[@jantonisito]

@@Traxploitation Patentable copywriteable - potatoes potatos. To me much more important issues is freedom of creation and not profitability. As far a music goes if people in the 50s were litigious at a current level then we probably would have only a small fraction of music from that period - since music from that period borrowed freely from song to song. Both music and lyrics. In every genre of music the is a bag of cliches that are reused over and over. Even that famous Stairway to Heaven lawsuit was pure nonsense - the opening sequence that Jimmy "wrote" was written centuries earlier by guitarists from Classical period. That is why I find this idea of "protecting" trivial musical elements like simple melodies so disturbing - it protects nothing - since it takes zero creativity to make them.

[@Traxploitation]

@@jantonisito the difference between a patent and copyright is stark. aside from both being types of intellectual property they are not interchangeable and work on completely different criteria. It makes this debate difficult if you don't understand the distinction. As for "if we were as litigious in the 50s" SMH! they were WAY more litigious in the past. from around 1840 when copyright first included music there was a deluge of copyright cases, ranging from actual theft to baseless accusations. One person, Ira Arnstein, even claimed people were hiding in the walls of his house to steal his ideas. Between 1937 and 1946 he alone initiated over 50 lawsuits, not including appeals, on one occasion he sued 23 people simulataniously! As someone who has actually researched the history of music copyright litigation from the beginning of copyright law, the statute of Anne, to the modern-day I can tell you that there are far fewer copyright cases than ever before, and that's depsite there being infinitely more music around today than before... i really dont get why you are complaining about the protection of "trivial" elements in the comments of case that ruled AGAINST protecting something the judge considered not a "substantial or sufficiently novel" element. They literally ruled in line with your point. So whats the issue? Sami Chokri had every right to bring the case, if he felt his copyright was infringed, having the right to bring the case doesnt mean he should win. Which he didnt, so whats the problem?

[@chu2ks2dfutur]

Deep diving through your videos. Excellent work. Subbed!

[@Traxploitation]

Thank you! 😊 and welcome 🙏 I better make some new ones before u watch them all then 🤔😆

[@knowledgetracker]

Lawsuits over the similarities has gotten ridiculous in the music industry. There is no way in a finite world with a finite set of sounds that you're not going to have some crossover because of how the brain works. Utterly ridiculous.

[@SKSimeon]

thank you for the amazing work

[@Gleem]

Very good breakdown king

[@artisttemple8268]

I like both artists and I think new musicians could admit their influences once they learn of similar tracks previously recorded. Perhaps if Ed Sheeran and Robin Thicke had given Marvin Gaye's estate an acknowledging, respectful nod and an appreciative good faith offer regarding both Blurred Lines and Thinking Out Loud, this whole situation may have been able to have been resolved internally. The influences are crystal clear.

[@sarcasticdragon8673]

marvin gaye's estate is taking advantage of a bad legal system.

[@Traxploitation]

No they're not! 🤦‍♂️ The Blurred Lines lawsuit was started by Pharrell. Not the Gaye family. If you read the court documents the case is known as Pharrell Williams et al vs Bridgeport Music et all. They weren't even the primary litigants. That would be Bridgeport Music who are well known copyright trolls. They acquire the publishing rights to songs with the sole intention of sueing people who have sampled or interpolated them. They've initiated hundreds of copyright cases, and were behind this one too! It's so bizarre that people think it was the Gaye Family when it's clear as day it was Bridgeport for anyone that cares to spend a few seconds checking the facts. 🤷‍♂️🤦‍♂️ en.m.wikipedia.org/wiki/Bridgeport_Music

[@miamiwax5504]

Damn I really enjoy this channel!

[@Traxploitation]

So glad you like it!!!

[@HamishDownie]

I hope you will cover Prince’s “The Most Beautiful Girl in the World”, which has always baffled me, as it sounds nothing like the Italian song which claims it’s copied from. I think it’s more of an issue with Warner Bros

[@jacksonpollock814]

I always thought it sounded like 'Could it be I'm falling in Love' too - the cover version by Jacki Graham & David Grant.

[@hopehope2656]

two different songs...one is pop fast and the other is doomsday sad ..... the words are different too.

[@murkwell17]

Oh man wait til rappers start doing this shit with their cadences lol

[@Traxploitation]

Oh wow! That would be a huge can of worms lol 😆

[@mrniceguy6986]

glad Ed Sheeran got away with the copy rights as I don't think he copied any songs one bit

[@stevemason5173]

When people start suing people for songs sounding alike, it proves people are getting greedy!!! There are only 7 basic nots and chords in music, A thru G and a hundred million songs for our enjoyment. Come on people, "GET A LIFE"!!!!

[@Traxploitation]

I agree with most of that. People are getting greedy and songs sort of sounding similar shouldn't be grounds for legal action. But a few things I need to correct. There aren't only 7 basic notes. We use 7 letters for the nomenclature but there's 12 notes in an octave. And human hearing has a range of 10 octaves...so there's in fact 120 audible notes....aaaand that's just western music. Other cultures have microtonal scales so have loads of additional notes "In between" the common whole tones. Also, the number of different notes available isn't the only factor in the amount of possible variations that can be created. Length, rhythm and articulation of notes provide nealy infinite possible combinations. But all that aside, the spirit of your comment is 100% spot on!

[@TheFakeyCakeMaker]

I don't think he got decent legal representation because they should have warned him that this outcome was likely more than the cost of fighting it. He's lost in more ways than one. A shame but I'm with Ed on this one. I think he makes it look easy so people think they can take the mic.

[@Traxploitation]

Both lawyers were QCs which puts them in the top 10% of all lawyers in the country. He had more than adequate representation, vast majority cannot afford to be represented by a "silk". I think this came down to the strength, or lack thereof, in the case. It was a pretty weak case. That being said probably would have won if tried in the USA...but that was off the table as in USA the song needs ro registered with the copyright office at the time of the alleged infringement. Sami Chokri didn't register his track until just prior to the legal case...

[@TheFakeyCakeMaker]

@@Traxploitation Oh that's very telling isn't it? I just realised my comment had a number of mistakes but I think you understood me. I agree with you though, if the case was strong enough it would have attracted some strong representation. Been there lol!

[@ThaMightyWon]

I like your work, and would like to offer voice over for any of your videos if needed. LMK.

[@Traxploitation]

Thanks! Perhaps a collaboration? But at the moment i do my own voice overs and don't have the budget to pay someone else. (And wouldn't expect it for free)

[@ThaMightyWon]

@@Traxploitation well, the offer is on the table. and pro bono is a thing. a 30 second drop to read a quote of something isn't any skin off my teeth. plus, i'm of the mind that creators (especially smaller ones) should help one another, as no one is an island. think about it and DM me any time.

[@Traxploitation]

Ok, well thanks for the offer. I will keep it in mind.

[@SKSimeon]

its a hard one this one bro

[@k.mckirdy]

We need the Ed Sheeran court case saga after the recent trial! lol

[@Traxploitation]

It's coming. 😁 I'm in Australia travelling at the moment so wasn't able to get one made as quickly this time...

[@davewebster689]

Agree with the result, but why did he settle in the other instance?

[@Traxploitation]

The times he settled, he obviously agreed that he'd gone beyond inspiration and needed to credit those writers. For me, that's evidence of him not being a plagiarist and wanting to do the right thing.

[@tristanludowyk9579]

That scrubs song is nothing like the pre chorus. Pop music be pop music

[@Greenz1100]

I am studying this in class at uni. Thank you for this.

[@Traxploitation]

You're very welcome! Hopefully you get an A+!

[@MarceloDurham]

I never been so scared of composing like now after this video ... LOL!

[@Traxploitation]

Don't be. There's 4 million new songs published every year but on average less than 3000 music copyright cases every year. That means less than 0.075% of songs are involved in these cases. You'd have to write over 1333 songs for it to be a worry. Unless of course you knowingly copied something. 🤔

[@Lucien5523]

I see a lot of Song copywriting trolling going on her in the Music industry

[@billyvitale8994]

Great comprehensive video. ..I can't say who is right..I know for sure that if big bucks were not involved... nobody would have cared ..if something was copied..to the contrary one would probably take it as a compliment...what is he doing to happen when music is generated with the help of AI?

[@Traxploitation]

Thanks 😀. With AI, like all new technology, there will be a test case to determine how the law will deal with it. Right now, as its well documented that AI is trained using existing (copyright) works, all AI generated work will be deemed derrivates and won't have any copyright protection beyond the owners of the data is was trained with. How they determine who should own may be harder if the AI was simply told "write a blues song" but in the cases of AI Drake it's obviously been trained with Drake songs, so the writers of those songs would own it.

[@kenoliver8913]

On the issue Sheeran noted of people filing meritless suits in the hope the other side settles rather than endure the costs and strain of a court battle, at least in the UK costs are usually awarded against the loser. Of course if you are confident the other side will end up paying your legal bill you do not skimp on your costs. It is how come Chokri faces a huge legal bill. It aint a perfect system, but it does work to deter greenmail much better than in the US, where costs are rarely awarded.

[@Traxploitation]

Totally, the USA had to introduce SLAPP laws to prevent wealthy people and the companies weaponsing the legal system. In the UK you have to be pretty certain you will win before u start. If I was Sam Chokri I would have left this well alone! But then unlike Chokri, I register all my works with both PRS and PPL prior to release. That was a real amateur mistake he made, it destroyed any argument of financial damages.

[@peterang6912]

He won thanks to The Axis of Awesome Video 4 Chords Song....i hoop Ed thanks them for use their video...

[@mrj5670]

@Traxploitation what do you edit your videos on?

[@Traxploitation]

I have premier and after effects, that I've been using for years to make music videos but the amount of clips required to make these videos just made the Adobe products run incredibly slow so I bought a super cheap editor called Videopad which I used for a lot of these videos along with canva for some of the graphics. Videopad is pretty bad tho so I bought filmora recently and used that on the most recent one I'm working on...not quite finished yet as I've been travelling the last few weeks.

[@jaymz010]

I ain’t a songwriter, but I think this kinda thing only applies if you straight-up jack a song. But chord progressions & melodies are bound to overlap, especially within a genre. Example... RightSaidFred’s “I’m Too Sexy”....”Push It” by Garbage, have the same riff. The Macarena & the intro to Metallica’s “No Leaf Clover”, have the same riff 🤷🏽‍♂️ And I can think of many other examples

[@Traxploitation]

There's no subjective similarity within the protected elements of any of the examples you gave. 🤷‍♂️ chord progressions can't be protected by copyright for starters. Neither can bass lines, drum beats or harmonies (in most cases). Only the words and the top line melody. So from a copyright perspective there's no "overlap" in any of those songs. (I'm also confused by your "within a genre...example" then give examples that aren't the same genre...Right said Fred and Garbage aren't the same genre neither are Metallica and Los Del Rio. 🤷‍♂️ Ultimately, if the point you're making is some songs can sound similar without infringing copyright. You're right. Which is why this case went the way it did but theres more nuance to what constitutes an infringement than "straight-up jack a song" which almost never happens.

[@mikaeldk5700]

"The Macarena & the intro to Metallica’s “No Leaf Clover”, have the same riff" This is one of the worst comments I have ever seen. They have literally nothing in common, neither in rythm or tonality or anything. Beside all that, the 2/4 bar is central to the riff in Four Leaf Clover, but I assume you dont even know what that means.

[@Polyphemus.]

If that's how your ears work, I'd love to know how your eyes work. "Yeah, Sean Penn looks exactly like Danny DeVito..."

[@martinacold9255]

Can I just say Wow. Thank you for this content with stats and visuals.

[@Traxploitation]

You're welcome 😊 Glad you enjoyed it! Makes all the effort worthwhile so thanks for watching and taking the time to comment!

[@martinacold9255]

@@Traxploitation watching from Asia so sometimes KZbin and the time difference decide to act a fool 😂 but more than happy to sub, this was a treat to find! Hugs from an Afro in Asia 🌺

[@damad6480]

Ed Sheeran: *make music the best out of his best and avoid copyright* Some random guy: He copied my song.

[@wouldyoureturntomonke2452]

People really wanna rip Ed success in any way they could

[@Traxploitation]

Where there's a hit...there's a writ. 🤷‍♂️

[@scottb721]

If I make a custom shirt for a gig using photos I've taken at earlier gigs, but have the band's name on my shirt, can I be sued ?

[@Traxploitation]

If you sold them it would be a trademark infringement.

[@lourdesgyan]

It will only end Mr Sheeran, if corporations aren't releasing useless pop songs daily to earn ridiculous amounts of income whiles bombarding us with trashy pop music.

[@joedee1863]

When Bob Marley got ripped off for dozens of his songs he put it all behind him and moved on to produce more and more because he knew he and his crew had loads of songs inside them. As a song and lyric writer i wouldnt stress about people ripping off my stuff because i am flattered by it and have got loads more i want to share because i do it for love not money. But some people get stressed over money and fame when they dont have as much talent as they believe they have so they get desperate. Sad individuals. I wouldnt like my claim to fame to be as some guy who was plagiarised and got angry, but rather the guy who got plagiarised and didnt care. I remember when George Harrison got sued for his 'My sweet Lord' song, and the guy who did it went out of his way to purchase the song from the Shirelles and they the original singers didnt think their song 'He's so fine' was being ripped but the perpetrator had selfish motives in mind not justice for the Shirelles. Nasty business especially when the scum bag was supposed to be a friend of Georges.

[@Traxploitation]

Absolutely agree. Although you have a few details wrong. "He's so Fine" the song alleged to have been copied by George Harrison is by The Chifons. The lawsuit was filed by Bright Tunes Music (a company formed and run by members of The Tokens, famous for their hit The Lion Sleeps Tonight) They produced the Chifons recording. I think you're referring to the fact that Harrisons former manager Allen Klein, arguably one of the most crooked people ever to work in the music business, bought Bright Tunes Corporation. This sale was in 1981, 10 years after the original lawsuit was filed, by the producers of the Chifons...but just months before the trial actually made it to court... I cover that case here.... kzbin.info/www/bejne/ZoOnfYBrbMx2as0si=av8r2xigqXhtN-S-

[@joedee1863]

@@Traxploitation - you're right I always got the Chiffons and Shirelles mixed up. 2 great singing groups As for Allan Klein (the swine) I don't want to comment. He screwed the Beatles good and proper. They didn't have the money to buy their own songs back.

[@marcusbrothers5221]

When a sixties soul artist (believed to be King Floyd approached KRSONE he explained that his song had been sampled and he would like compensation. KRSONE cut him a check. That's how this should work.

[@Traxploitation]

I don't know how accurate that anecdote is? KRS-One has stated many times he doesn't agree with the current copyright laws. He encourages people to use his music for free and described his catalogue as "open to the public" (even though he sued Kanye for using "South Bronx" on "Donda") not sure he would so readily cut a check for sampling given that ideology. I also couldn't find a King Floyd track that was sampled in a KRS or BDP track. He's been sampled in well over 100 tracks so perhaps it was a different artist?

[@georgemoore4504]

If this continues we will never have any new songs

[@Traxploitation]

It seems that way, but people have been saying that since copyright law first included music back in the 1840s and over 100 million songs have been written since then with only a tiny fraction of them sparking legal cases 🤔

[@jodycanfield6684]

Congratulations on winning the copyright infringement case! No correlation between your song and MG's. 👍👍

[@MrBrokentowels]

I feel bad for the other guy as I could see his point, but it was a bridge into the chorus and not the chorus itself. I hope he gets closer.

[@Traxploitation]

I feel bad for him, up to a point. He should really have registered his song properly and there may have been a different outcome. 🤔

[@MrBrokentowels]

@@Traxploitation yeah you’re right. The fact that he registered his song months after Ed’s release can seem a bit sketchy.

[@Traxploitation]

It takes less than 5 minutes, you can do it online, and its free. There's no excuse to not do it, but so many people just don't bother. Which often leaves money on the table and can often create issues, like in this case.

[@mantralibre1367]

No way. The two songs have absolutely nothing in common.

[@Fatatua]

He did steal the beginning of the chorus. It's the same.

[@timcoakley5498]

You must be deaf

[@ebonylovely4996]

@@Fatatuano he stole the entire song, it’s basically the acoustic version of Marvin Gaye’s song

[@rorynolan2322]

​@@ebonylovely4996 you clearly know nothing about music every song is iteration of what's come before this is how genre works if edds song is a copy then oh why is a copy of other songs as well by the same standard

[@ebonylovely4996]

@@rorynolan2322 I’m a flute, saxophone, piano and acoustic guitar player and I’m currently learning the electric guitar 🤨I think I know what I’m talking about 🙄 … oh and I’m a singer .

[@no_one_of_that_name_here]

Chancers everywhere

[@steverapid]

Brilliant Video

[@davidschwam-baird8008]

Just think for a moment about Blues songs. If you could sue for similarities in songs, every single blues songwriter could sue every other blues songwriter for almost every song. C'mon, people, musicians influence other musicians all the time. Influence can be conscious or unconscious. But to claim any molecule of influence equates to infringement or plagiarism is insane. (I'm a retired professor, so I have seen a lot of people engage in real plagiarism in my time. Real plagiarism is quite obvious.)

[@Traxploitation]

100%. I've said this in a few other comments, I used blues and reggae as examples too. Both have really generic similarities...its what makes genres 🤷‍♂️ copyright wasn't supposed to stop songs sounding like each other...it was to stop people literally making copies of works they didn't own... it has gone way beyond that and its ridiculous

[@patrickhicks9880]

The part of the song they're contesting is the whole hook of the song it would be nothing without it

[@Jesus1sLord777]

Not you too Ed Sheeran!

[@hpoonis2010]

Woman jailed for 8 months for playing a song from the ginger hobbit for 30 mins per day for only a week or so??? Search for the Slovak woman who played an opera tune at full volume from sun up to sun down for 16 YEARS!

[@sheilabrown3052]

These artists are tripping, Ed Sheran is just the man.❤❤❤

[@Traxploitation]

If he was less successful they probably wouldn't bother sueing 🤷‍♂️ It's a classy problem to have...

[@DonLee1980]

The whole phrase is nothing but a pentatonic minor scale that pretty much every single serious musician has played and practice in their life time. Hell just off the top of my mind I can think of a Jazz standard "Mr. PC" by John Coltrane that uses the same 8 note sequence. you can't claim a pentatonic scale as yours

[@JaneKellie-ku3gn]

E. Sheeran Is A Down To Earth Guy, He Is A Talented , Renowned Musician In his own Right. He's A Legend In His Own Right 👍🏼👍🏼👍🏼

[@petpot1962]

Absolute correct judgment !!!

[@christopherhorn5274]

I always thought "Hips Don't Lie" is what he was copying with "Shape of You".

[@Traxploitation]

Really? I don't hear any similarities

[@amysays3980]

Leave Ed alone already, sheesh!

[@adrianmercado3092]

A one million pound bill deserving for a grifter.

[@ebonylovely4996]

Sooo basically it’s the acoustic version

[@Traxploitation]

🤷‍♂️

[@hhvictor2462]

Sheeran is no stranger to courtrooms lol

[@garciapedro7668]

Hahahahhaha! Way too many coincidences…. He ain’t as creative as he is depicted to be

[@Traxploitation]

This is only the second case that made it to court. 🤷‍♂️ and he won both. He's definitely no stranger to being accused, but he's not unique in that regard. "Where there's a hit, there's a writ" as the saying goes. 🤔

[@matthewmoore5698]

Music has gone to crap when mr Ed can have 4 songs in the top 20 ,I’ve had people in my block that put their speaker in the windows facing out thinking everyone wants to listen to their crap music

[@riptidemonzarc3103]

"The highest earning song on Spotify" sounds impressive but probably gets Sheeran on the order of 50 thousand pounds or something

[@Traxploitation]

🤔 3.5 billion streams is worth about £12million 🤷‍♂️

[@riptidemonzarc3103]

@@Traxploitation Touche

[@aniltimsina9779]

@@Traxploitation and that's only Spotify. Add KZbin, iTunes, radio and other platforms... That's a lot.

[@theneonchimpchannel9095]

I feel sorry for Sami Switch. That part of the song is almost identical. Even if it was a coincidence, it's far too similar. Others have lost cases over far less obvious rip offs. This isn't a win for songwriters, this is a win for rich, established artists who are signed to major labels and can afford the best legal teams. All songwriters are bound to take from the works of others as there's only so many notes, but at the same time, there's a difference between taking inspiration and just copying what was on the other record. I think at the very least, Sami Switch should be given a songwriting credit and paid royalties.

[@Traxploitation]

I agree with almost all of that except Sami Switch had an exceptional lawyer. He had a QC. That's puts him in the top 15% of all lawyers in the country. He had more than adequate representation but a weak case under UK copyright law. He probably would have won this case in the USA where copyright is weaker and cases are heard by juries with no specific experience or knowledge of copyright or music, but he couldn't initiate legal action in USA as that required the song to be registered with the US Copyright authority at the time the infringement occurred. Which it wasn't. Legal cases are rarely settled purely on the merits, it's often a case of technicalities and loopholes. Which is certainly a large part of why the ruling went the way it did. The other thing to remember is copyright isn't a way for people to call dibs on musical ideas, it's intention is to the allow the creator ample time to profit from their creation before being in the public domain, so it takes more (under UK copyright) than 2 songs being similar or even identical if it cannot be proven that a) there was some intent and b) the plaintiff was financially or otherwise negatively affected by the alleged infringement. In other words Shape of You would have to have been a hit BECAUSE it sounded like Sami's song. When it reality it was a hit because it was an Ed Sheeran song. The existence of Shape of You also needs to have negatively impacted the success of "Oh Why" which it objectively didn't.

[@Traxploitation]

Having said all that I do still think there's a striking similarity in the two songs and the connection between the two artists is quite strong, it's not implausible that Ed heard Sami's song before writing Shape Of You.

[@pvann1703]

I would suggest observing the numerous similarities between Sami's chorus in "Oh Why" and the chorus of Anthony Hamilton's song "Why O Why" from 2011. It's the exact same question, same repetition, same leaving a hanging "oh" in a rising tone, same call and response format, same oh-oh at the end , same title, etc.etc. It was on You Tube for at least 4 years before "Oh Why" so, Sami had access to this song, and with THIS many similarities there would be no doubt that Sami copied it. Also, many have pointed out the verse melody of "Oh Why"was borrowed from The Script's "Breakeven". I have trouble with the "feel sorry for me, I'm just a poor little guy that I was robbed" narrative here. Sami stole plenty from others.The entire "Oh Why" video used uncleared copyrighted photos and news clips, when that was brought up in court Sami just shrugged it off

[@drifter402]

"Others have lost cases over far less obvious rip offs" they shouldn't have

[@OuterBrim]

Am I the only person that feels that people should grow up.. Fuck I mean music inspires people.. People to fucking greedy now days. Live and let live.. WTF.... Does it effect you in anyway really, if not keep it movin. Stop being bitches. IT WAS HIS TIME!! I'm broke as shit and even if I ever had money, I damn sure wouldn't try to hurt someone because of something they done better than me or vice versa!! I don't understand people anymore.. Where are the people that think about other people or care for people..

[@Traxploitation]

Totally agree. Copyright was intended to prevent counterfeit copies and bootlegging...not make it so accidentally making a song that sort of sounds like another one is illegal 🤷‍♂️🤦‍♂️ In this case regardless of whether Sheeran heard Sami's song you have to ask yourself was Shape of You a hit because it sort of sounds like a song almost nobody has heard before or because it was the new Ed Sheeran single and sounded vaguely like 2 huge r&b hits (no scrubs and no diggity) and had that dancehall reggae (or "tropical house" lol) vibe that was very much on trend at the time...🤔

[@OuterBrim]

I don't think it's wrong to listen to music and change it up a little.. Ed sheeran is talented obviously and his music is great... You can tell he's genuinely a good person.. I wish instead of hating on people, one would be happy for them.. I'm glad he won.. People shouldn't have to be afraid of making music that kind of sounds the same or be afraid of getting sued because of other crazy things people sue for now days..

[@OuterBrim]

If people intentionally steal something or fuck with someone and there life or hurt someone I say do what you have to do, sue them. Eye for an eye if someone does something they know they shouldn't do and it hurts or effects someones life.. I'm all for real justice!! Not the bull shit our government calls justice!! We got pedophiles that do less time then drug dealers and while drug dealers don't care about people like they care about making money, people buying drugs make there own choices.. We as people have a choice to not care or to care or brush it off and not think about it. I at times wish I was like others and didn't care so much.. I just don't have it in me!! I'M the guy who sees someone on the road with there car broke down I stop if I can or someone needing money I might look at what there wearing or what there sign says and decide if I think there legit. You dont know why there homeless or whatever. I'm the guy who trys to think about what other people are going through or why they do things they do.. People are generally good people and have certain things happen in life that effects or defines the things they do... But it also depends on how that person think or processes things... Everyone is different feels different thinks different and acts different but at the same time most are more alike than people realize... I don't think Ed Sheeran wanted to cause any problems.. Most things in life is just another person own spin on something they have seen or heard before I think!!! I don't like to judge because GOD knows I have my own issues!! I just wanna think before I act or speak, Treat people how I wish people treated me and MY GOD will decide my judgment when it's my time!!! My Jesus is who I call on!!!

[@Charley-j4v]

Seems to me songwriters (successful songwriters) are being sued more often these days. Is this just about making a money grab by hanging onto a successful songwriter's coattails? I can't say for sure, but it's not a good look.

[@Traxploitation]

"Seems" yes. But in reality there's very few copyright cases. There's actually less cases these days than previously. A few factors in that...not least of all...people tend to settle out of court these days...its much cheaper. People like Ed Sheeran employ musicologists in a preventative role...he has them listen to his new songs to check if he's left himself open to litigation. He also records the entire song writing process. The peak time for copyright cases was the early 1900s, when everything was still new and laws were still being figured out. One person (Ira Arnstein) sued over 50 people in a 5 year period...he lost them all, but set a lot precedents that still exist today like copyright cases being heard by a jury rather than just bench trials as they were in the very early days of music copyright.

[@Charley-j4v]

@@Traxploitation Thank you! I appreciate your response because I learned a few things I did not previously know.

[@paullow3377]

The arguments arising from this lawsuit is as dumb as those "Acts of God" cases. Might as well just say that the song was inspired by an answer to a prayer to God. My sentiments are aligned with Ed, it's so stupid to begin with. It reminded me of that woman who wanted to patent a word and riled up the entire community.

[@hartleycwhite]

I believe the justice was unjust and a small portion of the song was copied. Sheeran prevailed because he was the known artist, and the judge seemed influenced by his name value. I also believe copyright cases should be decided by a jury and not by a judge that has no musical experience or tenure in any previous copyright proceedings.

[@Traxploitation]

Thanks for commenting. The judge in this case was formerly an IP lawyer and has more experience in these type of matters than any jury ever could. UK copyright cases are rarely jury trials. Introducing lay-people into the process is why a lot of US copyright cases end with objectively wrong results. I dont think the judge was influenced by the fame or lack thereof of either party. In his judgement he clearly stated the reason he found that Sheeran had not copied Chokris song is there was evidence he had instead copied 2 other songs, No Diggety and No Scrubs. The fact of the matter is, whether you think he copied the song or not nothing that is protected by copyright was copied. So, based on the law as it stood at the time of the trial, it was the correct decision.

[@nataliehelferty1438]

Ed Sheeran died when Elizabeth II died on September 8 2022 because her Evil Spirit died in her as an old lady in England. She was just shaped to be a little old lady. She was just a Mountbatten wife. She actually looked similar to her acting look as Tilda Swinton as Peter Cushing's Wife as he was Louis Mountbatten.

[@Traxploitation]

Eh? I'm struggling to even understand what your comment means, let alone it's relevance. 🤔 The former Queen married a member of the mountbatten family. Yes. But also...so what? 🤷‍♂️ What relevance does that have to the Sheeran vs Chokri copyright case?

[@astrowerm]

Sheeran is a one of a kind talent man. love that dudes creativity. Charlie Puth as well!

[@bridykes9986]

I love charlie lol

[@sandracarson2509]

Ed has other songs that he is being sued over. Seems he does this alot.

[@Traxploitation]

Just one other court case. And he won. 🤷‍♂️ So he gets "accused" of it alot. 🤔

[@rujackswing618]

Coming up w/ New Melodies w/ Cord Progressions is very hard.. But Stealing is Not..

[@Traxploitation]

Eh?

[@XCodeHelpHub]

He stole it plain and simple. This is his third go round. See a pattern?

[@Traxploitation]

Yeah, people love to sue people who have money. 🤷‍♂️ In each case he was judged to have not infringed on copyright. What about that pattern. 🤔

[@smokebell1390]

u_ are_ teaching_ me_ a_ lot_ _(LOL!!!)🐣🐣😄😄😳😳😳😳😳😳

[@t4kfamily735]

There's only so many chords to use by artists. These lawsuits are so petty and dumb.

[@zetmoon]

Wrong, there are many chords you can make with 12 notes! That Ed only used 3 or 4 is his problem.

[@Traxploitation]

There may be many, but it's still a finite amount, especially the ones that actually sound good...so the previous comment isn't "wrong" at all. Besides all of that you cannot copyright chords or chord progressions.

[@speed1070]

He has far too many of these cases.

[@Traxploitation]

How many is too many? I make it just 3 actual court cases. Which is less than the beatles, less than the Rolling Stones, less than Led Zeppelin...I could go on. 🤷‍♂️

[@speed1070]

@@Traxploitation That's what aboutism.

[@Traxploitation]

Lol no it isn't. 🤦‍♂️ It's a question How. Many. Is. Too. Many? 🤷‍♂️ If 3 is indeed too many, it's not a case of "whataboutism" to say all the bands I mentioned are just as bad if not worse than Ed Sheeran. Thats simply consistent application of a standard. 🤷‍♂️🤦‍♂️

[@ramyel-naggar8136]

​@@speed1070 nah brother ur just not the brightest

[@evieruth01]

Makes my ears hurt any of his songs .

[@Traxploitation]

😆

[@rojamillerover]

Sheeran is always stealing peoples songs

[@Traxploitation]

I think stealing is a bit strong, but it's nearly impossible to create something entirely original when u are starting with the same building blocks that have been used for centuries. Almost every composer/songwriter in history has at some point faced some kind of accusation of plagiarism or at least heavy influence...even the likes of Bach and Mozart 🤷‍♂️

[@dranchd6571]

Shame he got away with it. Maybe those types will be more circumspect in future. Rifle far back in the annals so there's less chance of accusation.

[@Traxploitation]

Nah, where there's a hit, there's a writ. This was a failed cash grab. Sam Chokri didn't even register his song with PRS so it's hard to claim financial damages when he wouldn't have received much money from his own single because he didn't register the composition. He only registered just prior to initiating legal action, this badly damaged his case.

[@Newerasamearea]

100% he ripped it. He's always had links and an ear to the ground into uk hiphop scene. He's got form too. That Marvin gaye one was blatant and the tlc thing. I think he does it unwittingly though. This poor guy lost because he's small fry and couldn't afford a better lawyer.

[@Traxploitation]

He had a fantastic lawyer! Andrew Sutcliffe is a QC so already that's a sign of his calibre. He has decades of experience litigating copyright cases....he's just as good as Ian Mill QC. It terms of lawyers, it was a level playing field. A major deciding factor was that "Oh Why" was far from a hit. Its a lot harder to argue you haven't heard a big hit. Michael Jackson once tried to argue he'd never heard Elvis' Heartbreak Hotel in a court case and was laughed out of court! I personally think both sides had a strong case, but ultimately copyright isn't designed to stifle creativity it's to let a creator make money from their works first. In this instance "Oh Why" wasn't earning any money...so it can't be argued that similarities in the song is what made "Shape Of You" successful. Copyright cases shouldn't just be "your song sounds like my song" It should be, "the succes of your song is due to people thinking, either consciously or subconsciously, its somehow related to my song." The entire case hinged on trying to prove Sheeran had heard it. Which based on the evidence provided was not proven. Tough one for Sami Chokri. I'm sure he's convinced he was copied, but not registering with PRS was a major mistake, it meant the case couldn't be tried in the USA (where he likely would have won) as US copyright law requires a song to be registered to be protected by copyright. In UK, in accordance with the Berne Convention, all works are copyright from the moment they are "fixed" (recorded or written down)

[@nataliehelferty1438]

Sami Switch is a Mountbatten for Alice Windsor the sister of Elizabeth II. Ed Sheeran is a Mountbatten for Elizabeth II. They are both trying to compete over Propaganda. The actual Lawsuit in the UK and the US was by Rob Donovan who is the King of Canada and for whom I wrote the Song "Shape of You" as Natalie Helferty Queen of Canada. Thanks Rob for suing Ed Sheeran. I made the Shape of You video deliberately Stupid as it was Ed Sheeran stealing my song which was sung by Me Natalie Helferty on the Radio.

[@Traxploitation]

Look, thanks for taking rhe time to comment, I really appreciate it. But again I'm struggling to understand your comment. A. The only Rob Donovan I know of is a fictional character from a soap opera... B. The Sheeran vs Chokri case was only in the UK. There was no US case as Chokri didn't meet the minimum requirements to bring a copyright case in the USA...the song wasn't registered. This is mentioned in the video ur commenting on. As for the Alice Windsor bit...again I'm baffled. Alice Windsor wasn't the Queen's sister. Elizabeth II had only one sibling. Margaret. 🤷‍♂️

[@RunOfTheHind]

Switch woz robbed.

[@pvann1703]

Nah. Switch "robbed" plenty himself. Observe the chorus of Anthony Hamilton's 2011 song "Why O Why" and compare to Switch's "Oh Why" chorus. It asks the exact same question, repeatedly, in the call and response format, ending in the same hanging "oh" in a rising tone at the end , same "oh-oh" eventually, pretty much the same Title even. Similarities that numerous would indicate copying, especially when the "Why O Why" video was posted in 2011, four years before "Oh Why". The verse melody was borrowed from The Script's "Breakeven". None of the "Oh Why" video's numerous copyrighted photos and news clips were cleared, violating all those copyrights.

[@Matlockization]

I think Chokri was ripped off by the courts. His song was the first therefore there was a good chance that Sheeran did do a rip off. And that Sheeran has ripped off other peoples songs.

[@josephjackson7269]

Funny English judges find in favor of European copiers every time. What a surprise

[@Traxploitation]

Don't really understand what point you're trying to make. 🤷‍♂️ Both parties are English in this case. Sheeran is from Halifax, Chokri is from Reading. How can the judge not find in favour of an English/European person when both parties are from the same country 🙄

[@cloriawitherspoon814]

He's a musical thief smh ! Omg..

[@Traxploitation]

🤦‍♂️

[@rujackswing618]

Where do You All think Children of today are Writing Black Music w/ their Bass Lines & Drum timing, Just Like The Artist...!!!! All that BLA BLA... If U Are Using Other Folks Music.. I Never Heard that Robbers get Stressed for Copping OPP... You All Know that He Is Rich enough to Listen to Old Music Every Day.. & that Judge is Saying it is Unlikely.. I Say take Everyone to Court... I Won't be Pleased til it happen to Me.. Rich folks who are tired of the Heat.. Should get out of the Kitchen,, They Should Stop Copping OPP... Peace..

[@Traxploitation]

🤔🤷‍♂️

[@wakejake433]

They let him off the hook!! All who agree with the verdict are Ed Sheeran fans. They can’t separate the deed and the obvious from their like of this guy because it’s clearly infringement of Marvin Gaye’s “Let Get It On”, I guess the judge is a fan also. What can you expect when Marvin’s not here to defend himself against a Caucasian judge and Caucasian singer/songwriter and it’s not the race card (as Caucasians refer to it when deeds are performed according to the color of one’s skin that they “Caucasians” try to flip, reverse, downgrade, or ignore, whenever race is suggested, believed or obvious but what the hell, this is after all, AMERIKKKA!!!

[@ciaranbrk]

Oh get out of here with that bollocks! Those parasites wanted to claim they owned a whole genre of music. He demonstrated to a jury how his song was different and they sound nothing alike and thank god they agree. Very quick to look at skin colour though aren’t you. Tell me do you have it in for him because he is white?

[@Traxploitation]

Eh?

[@TigerWoodsLibido]

The song is a ripoff of Ace of Base - All That She Wants.

[@Traxploitation]

😆Lol. How so? They don't sound alike. They're in different keys and have very little in common except both have a cod reggae feel. 🤷‍♂️ even then Shape Of You is more like dancehall reggae and All That She Wants is more generic cod reggae.

[@paultubert4002]

Hate ed and hate that song even more

[@Tigerbully1]

The judge clearly was biased, its like I said the winner is the artist who can pay the best lawyer. The lawyer that can put anything you say on a contest that will help them. That judge shouldn't decide a case he isn't qualified. He should have used an independent musician Like a conductor. People who can distinguish the core of the song. I think is a disgrace he got away. He may listened in a car, in a shop, coffee shop. I am in England and I heard Oh Why

[@Traxploitation]

Why would a conductor be qualified to adjudicate matters of composition? They're not composers and they have no legal expertise 🤷‍♂️🤦‍♂️ They in fact do use experts in these cases, musicologists, who are usually trained in both music and law.

[@Tigerbully1]

Who has the best lawyer wins. He doesn't have any once of integrity

[@Traxploitation]

They both had excellent lawyers. Both were QC - Queens Council (Now KC) which puts them both in the top 1% of lawyers in the country. 🤷‍♂️

[@darrellpalmer1342]

This dude is a hybrid copycat singer!

[@DanielDucranOfficial]

Why ed sheeran can never comb his hair

[@Traxploitation]

Lol. I wouldn't be surprised if that's a look and he had it styled like that 🤷‍♂️😆