The phrase “there is nothing new under the sun” was once used to describe the fact that everything worth creating was already created. Anything new would have to be some sort of copy of something else. Looks like that’s true, at least that’s what Matt Cardle, winner of X Factor, would have you believe. He is suing Ed Sheeran, saying that his 2014 song “Photograph” infringes on his 2012 song “Amazing.”
This isn’t the first time this has happened in Hollywood. In recent years, various artists have been attacked. Most of them are frivolous lawsuits that hold little merit like the one that was launched against Taylor Swift by a songwriter claiming that the lines “Cause the players gonna play, play, play, play, play. And the haters gonna hate, hate, hate, hate, hate,” as well as “And the fakers gonna fake, fake, fake, fake, fake” was taken from the song “Haters Gone Hate.” Robin Thicke also sued Taylor Swift for the same song claiming the lyrics “shake if off” was taken from one of his old songs.
Though those didn’t hold much merit, the lawyer Richard Busch representing Cardle, claims the songs’ similarities “reach the very essence of the work.” The lawsuit reads, “The similarities go beyond substantial, which is itself sufficient to establish copyright infringement, and are in fact striking. The similarity of words, vocal style, vocal melody, melody and rhythm are clear indicators, among other things, that Photograph copies Amazing.” The lawsuit also states, “Given the striking similarity between the chorus of Amazing and Photograph, (the) defendants knew when writing, publishing, recording, releasing, and distributing Photograph that they were infringing on a pre-existing musical composition. The conduct of (the) defendants has been wilful from the inception of the creation of Photograph.”
The big nail in the coffin is when the lawsuit states that the similarities between the two songs are “instantly recognisable to the ordinary observer.” If this is true and a judge rules in their favor, both Ed Sheeran and the co-writer to “Photograph” Johnny McDaid will have to pay £13 million which is roughly the equivalent to $20 million dollars. It is unclear whether the lawsuit will prove more fruitful than other music infringement cases but until there is a ruling you can decide for yourself.
Ed Sheeran – Photograph
Matt Cardle – Amazing
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