Watch: Ed Sheeran won High Court case alleging he plagiarised hit ‘Shape of You’ from ‘Sami Switch’

Ed Sheeran has won a High Court battle over allegations that he plagiarised another artist’s music in his 2017 hit Shape of You.

The judge made their decision on whether the 2015 song Oh Why was copied this morning.

Sheeran, Snow Patrol’s John McDaid, and producer Steven McCutcheon co-wrote Shape Of You, and they all denied ripping off Sami Chokri’s song.

According to The Mirror, Chokri, a grime singer known as Sami Switch, and his co-writer Ross O’Donoghue claimed that a “Oh I” line in Shape Of You is “strikingly similar” to a “Oh Why” refrain in their single.

Mr Justice Zacaroli wrote in his verdict that Ed Sheeran “neither deliberately or subconsciously copied the phrase.”

While there are parallels between the two phrases, he observed that there are also “important differences” in his written verdict.

In a statement, Ed Sheeran and his co-authors expressed their gratitude for the ruling and spoke of the case’s emotional toll, saying: “It is so painful to have to defend yourself against accusations that you have done something that you haven’t done and would never do.”

Following the ruling, the Perfect singer took to Instagram to share a video. He stated, “claims like this are way too common now and have become a culture where a claim is made with the aim that a settlement will be cheaper than taking it to court even if there is no case to the claim.”

He added: “I just want to say, I am not an entity, I am not a corporation, I am a human being, I am a father, I am a husband, I am a son. “Lawsuits are not a pleasant experience and I hope this ruling means in the future baseless claims like this can be avoided.”

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In May 2018, the co-authors of The Shape Of You filed a lawsuit, requesting that the High Court rule that they had not infringed on Chokri and Mr O’Donoghue’s copyright.

Chokri and Mr. O’Donoghue filed their own claim in July 2018, alleging “copyright infringement, damages, and an account of profits in relation to the alleged infringement.”

Ed Sheeran denied “borrows” ideas from unknown artists without acknowledgment during an 11-day trial in London last month, insisting he “always tried to be completely fair” in recognising those who contribute to his albums.

The musician said he was seeking to “clear my name” and denied using litigation to “intimidate” Chokri and Mr O’Donoghue into dropping the copyright issue.

All three Shape Of You co-authors disputed claims of plagiarism and stated that they had not heard Oh Why prior to the legal battle.

The case against the three individuals is “impossible to hold,” according to Ian Mill QC, who claims evidence supports the claim that Shape of You was a “independent creation.”

Andrew Sutcliffe QC, the lawyer for the co-writers of Oh Why, called Ed Sheeran a “magpie,” stating that he “habitually copies” other artists and that it is “extremely likely” that he had heard Oh Why before.

Chokri and Ed Sheeran featured on the same YouTube channel SBTV around the same time, they shared friends, Chokri had sent him messages on Twitter, and Sheeran had supposedly yelled his name at a performance, according to reports.

Arguments about Sheeran’s access to the song, on the other hand, “provided no more than mere speculation,” the judge stated today.

Shape Of You was a global smash hit, becoming the best-selling song in the UK in 2017 and the most streamed song in Spotify ever.

Ed Sheeran, McDaid, and Mac said in a joint statement following the verdict that the lawsuit has had a toll on their mental health and that they will continue to fight “baseless claims.”

They said: “There was a lot of talk throughout this case about cost. But there is more than just a financial cost. There is a cost on creativity. When we are tangled up in law suits, we are not making music or playing shows.

“There is a cost on our mental health. The stress this causes on all sides is immense. It affects so many aspects of our everyday lives and the lives of our families and friends. We are not corporations. We are not entities.

“We are human beings. We are songwriters. We do not want to diminish the hurt and pain anyone has suffered through this, and at the same time, we feel it is important to acknowledge that we too have had our own hurts and life struggles throughout the course of this process.

“There is an impact on both us and the wider circle of songwriters everywhere. Our hope in having gone through all of this, is that it shows that there is a need for a safe space for all songwriters to be creative, and free to express their hearts.

“That is why we all got into this in the first place. Everyone should be able to freely express themselves in music, in art and do so fearlessly.

“At the same time, we believe that there should be due process for legitimate and warranted copyright protection.

“However, that is not the same as having a culture where unwarranted claims are easily brought. This is not constructive or conducive to a culture of creativity.

“We are grateful that Mr. Justice Zacaroli has delivered a clear and considered judgment which supports the position we have argued from the outset. ‘Shape of You’ is original. We did not copy the Defendants’ song.

“We respect the music of those who’ve come before us and have inspired us along the way, whoever they are.

“We have always sought to clear or to acknowledge our influences and collaborators. It doesn’t matter how successful something appears to be, we still respect it.

“It is so painful to hear someone publicly, and aggressively, challenge your integrity.

“It is so painful to have to defend yourself against accusations that you have done something that you haven’t done and would never do.

“We are very grateful for all the messages of love, hope and support we received throughout the course of this case from songwriters everywhere.

“We are privileged to do what we do, and we know that. We want to live in a world where we are free to do what we do, openly and honorably.

“While this has been one of the most difficult things we have ever been through in our professional lives, we will continue to stand up against baseless claims, and protect our rights and the integrity of our musical creativity, so we that can continue to make music, always.”

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