*British singer Ed Sheeran is heading to court over allegations he sampled parts of Marvin Gaye’s “Let’s Get It On” for his own song “Thinking Out Loud.”
Sheeran had requested a dismissal of the lawsuit but according to Reuters, a U.S. judge has rejected this, and the case brought against him by the estate and heirs of Ed Townsend, who co-wrote “Let’s Get It On” with Gaye, will proceed.
Judge Louis Stanton said he found “substantial similarities between several of the two works’ musical elements,” including their bass lines and percussion.”
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The judge also noted performance footage of Sheeran “seamlessly transitioning between [the songs]” to further illustrate why the originality of “Thinking Out Loud” is in question, per Consequence of Sound.
“Thinking Out Loud” peaked at No. 2 on the Billboard Hot 100 in February 2015. “Let’s Get It On” hit No. 1 in September 1973.
The case will now go before a jury who will decide whether Sheeran violated Gaye’s copyright protection.
Compare the two songs for yourself via the player above.
Sheeran was also hit with a second lawsuit last June by Structured Asset Sales LLC, which owns one-third of Townsend’s estate, for $100 million of damages.
Sheeran previously faced similar copyright lawsuits over his songs “Photograph” and “Shape Of You.”
Other artists accused in recent years of copyright infringement have included Robin Thicke and Pharrell Williams, Miley Cyrus, Drake and Kendrick Lamar.
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