Ed Sheeran Accused of Copying Music for 'Photograph' in $20 Million Lawsuit

The lawsuit claims the copying occurs on “a breathtaking scale.”

ByABC News
June 9, 2016, 8:53 AM

— -- Singer/songwriter Ed Sheeran is being sued for at least $20 million over claims he copied music from two California songwriters and used it in his hit song, “Photograph,” without getting the writers’ permission or giving them credit.

According to the complaint filed yesterday in U.S. District Court in California by songwriters Martin Harrington and Thomas Leonard and their music publishing company HaloSongs, Sheeran and John “Johnny” McDaid copied “on a breathtaking scale” from their song, “Amazing.”

Sheeran and McDaid, of Snow Patrol, are credited as co-writers of “Photograph.”

The songwriters claim that the chorus sections of “Amazing” and “Photograph” share 39 notes that are identical in pitch, rhythmic duration and placement in the measure. In addition, the choruses also share other “substantially related notes” and similar structure.

“The similarity between the chorus sections of ‘Amazing’ and ‘Photograph’ is strikingly similar and would be obvious to an ordinary observer. It was not the product of independent creation,” the plaintiffs said in the court papers.

Sheeran’s team declined to comment for this story.

“Amazing” was first written by Harrington and Leonard in May 2009 and later recorded and released by Matt Cardle -- winner of the 2010 season of British “The X Factor” -- on his 2012 debut studio album, “Letters,” according to court documents.

“Photograph,” which was included on Sheeran’s hit album “X,” was released as a single in May 2015 and is featured on the soundtrack for the movie “Me Before You,” court papers say.

In a statement to ABC News, the plaintiffs' attorney Richard Busch said anyone having questions about the strength of his clients’ case should read the complaint, which lays out all the facts.

“My clients are professional songwriters,” Busch said. “Their work is their life, and I am honored that they have trusted me with this very important case."

Harrington and Leonard tried to resolve the issues privately but were forced to sue when the infringement continued and the matter was not resolved, court papers said.

The lawsuit also names Sony/ATV Songs, Atlantic Recording Corporation and Warner Music Group Corporation, among others.

Busch was one of the attorneys who successfully represented Marvin Gaye’s family members in their copyright infringement suit against the creators of the 2013 hit “Blurred Lines.” The late musician’s relatives were awarded more than $7.4 million in damages last year when a jury found that “Blurred Lines” copied parts of Gaye’s 1977 hit “Got to Give It Up.”

The damages were later reduced to $5.3 million. An appeal was reportedly filed late last year.