WASHINGTON – TheSupreme Courtwill not be getting it on or thinking out loud. The justices on June 16 rejected acopyright challengeto Ed Sheeran's hit "Thinking Out Loud" brought by a partial owner to the rights of Marvin Gaye's 1973 classic "Let's Get It On." Lower courts found that the chord progression and harmonic rhythm in Gaye's song is too commonplace to be legally protected. "And no reasonable jury could find that the two songs, taken as a whole, are substantially similar in light of their dissimilar melodies and lyrics," Judge Michael Park wrote for the New York-based 2ndU.S. Circuit Court of Appeals. In fact, in a separate lawsuit brought by the heirs of Ed Townsend, a co-writer of "Let's Get It On," a jury sided with Sheeran. But Structured Asset Sales, which owns about 11% of the rights to Gaye's song, argued that the lower courts incorrectly dismissed the second lawsuit. The company said courts need to review actual recordings of Gaye's song, not just the sheet music on record with the Copyright Office. Because the appeals court said that wasn't allowed under the Copyright Act of 1909, their review was limited to just two musical elements, lawyers for Structured Asset Sales argued. Start your day informed:Sign upfor USA TODAY's Daily Briefing newsletter. Attorneys for Sheeran said the appeals court were following the "unequivocal language" of the copyright law and its decision was consistent with how other appeals courts have ruled. "Thinking Out Loud" won Sheeran his first twoGrammy Awards, song of the year and best pop solo performance, in 2016. While presenting Sheeran with the song of the year award, Stevie Wonder praised the single, saying, "I told my daughter Aisha that this song was a great song when I first heard it — and it has won tonight." Co-written by fellow British singer/songwriter Amy Wadge, "Thinking Out Loud" is one of Sheeran's longest reigning chart-toppers in the U.S. Billboard Hot 100. The single — released on hissophomore studio album, "x" ("multiply"), in 2014 — spent 58 weeks on the chart, peaking at No. 2 in January 2015. This article originally appeared on USA TODAY:Supreme Court rejects copyright challenge to Ed Sheeran's hit song
