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

A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
UKIPO rejects trademark application for 'Cristiano Ronaldo Origins' following opposition by Beck Greener client in a rare case that considered actual use
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
Gift this article