Breaking: Ed Sheeran wins ‘Shape of You’ copyright trial

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Breaking: Ed Sheeran wins ‘Shape of You’ copyright trial

Entrance to the Royal Court of Justice

The England and Wales High Court found ‘compelling evidence’ that ‘Shape of You’ did not infringe a songwriter’s earlier work

Ed Sheeran has won a copyright infringement trial centring on his 2017 hit ‘Shape of You’, the England and Wales High Court ruled this morning, April 6.

In the judgment, His Honour Justice Antony Zacaroli said there was “compelling evidence” that Sheeran’s ‘Shape of You’ originated from sources other than the song he was accused of copying.

Singer-songwriter Sheeran was facing accusations that ‘Shape of You’ copied aspects from ‘Oh Why’, a 2015 song written by Sami Chokri and Ross O’Donoghue, performed by Chokri under the alias Sami Switch. Sheeran denied copyright infringement.

The portion of ‘Shape of You’ questioned was the ‘oh I’ hook, which was alleged to be strikingly similar to an ‘oh why’ refrain in Switch’s work.

‘Shape of You’ is one of Sheeran’s most successful tracks and was number one in the singles charts of 34 countries.

In court last month, Andrew Sutcliffe QC, a barrister at 3VB in London acting for Chokri and O’Donoghue, described Sheeran as “an obsessive music squirrel” who “borrows ideas” from other artists.

But handing down judgment this morning, Zacaroli said that although there are similarities between the tracks, this threshold is “only a starting point” to a successful infringement claim.

To prove infringement under UK copyright law, it must be shown that a defendant likely had access to the allegedly infringed work and that a substantial portion must have been copied.

One of Switch’s arguments was that Sheeran must have encountered the song, as it appeared on well-known YouTube channel SBTV, of which Sheeran is a fan. Switch also noted that he had targeted Sheeran on Twitter in the hope of sparking interest in his work.

But Zacaroli said the evidence put forward to prove access was “no more than speculative” and found it was likely Sheeran had not heard ‘Oh I’.

In 2017, Sheeran faced a separate copyright allegation, which centred on another of his songs called ‘Photograph’. That case settled the same year.

 

more from across site and SHARED ros bottom lb

More from across our site

Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Gift this article