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

Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
A strong Canadian business helped lift profits, but the IP service group's latest results underline the pressure facing its operations in Australia, New Zealand and parts of Asia
Wins in court have been key to the six-year-old firm’s growth, as one of its founders explains
The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
Gift this article