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 2025

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

The addition of BH EVS as a licensee enhances the outreach of the Qi pool, which now licenses nearly half of the global auto supplier market
Only a few international law firms have made a mark in Australia’s IP market, but Rouse entering the field could be a sign of changing times
Caroline Casalonga reflects on her journey as the French firm’s first female leader and shares her dream of building the outfit into a major European independent IP practice
Firm says the hire of Laura Ramsay will help consolidate its position as a ‘market leader’ for premium IP work
CEO Martyn Fish reflects on the past as HGF celebrates its 30th anniversary and discusses how PE investment has helped the firm’s people and clients
The 105-year-old IP firm Wrays and related business Aperture Insight will join Rouse but operate independently
The winners will be revealed during a ceremony in Ho Chi Minh City, Vietnam, on November 6
Three new partners have joined HGF across its offices in Europe, while Carpmaels & Ransford has made UPC-focused hires in Germany
Tarun Gandhi joins us for our ‘Five minutes with’ series to discuss the biggest misconception about IP, the importance of staying curious, and his biggest inspiration
It’s that time of the year for law firms to participate in the research for the Managing IP Awards and IP STARS rankings
Gift this article