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Ed Sheeran sued for $26m for ‘copying’ hit song Photograph from X Factor winner

A lawsuit has been filed against Ed Sheeran, with two songwriters claiming his hit Photograph bears striking resemblance to a song they released in 2009.

Ed Sheeran is facing claims he copied an X Factor winner’s song.
Ed Sheeran is facing claims he copied an X Factor winner’s song.

A US$20 MILLION (AU$26.6 million) lawsuit has been filed against Ed Sheeran, with two songwriters claiming his hit song Photograph bears striking resemblance to a song they released in 2009.

Martin Harrington and Thomas Leonard, along with their publishing company HaloSongs, claim Sheeran’s chart-topper sounds like their song Amazing, which was released by Matt Cardle, who won The X Factor in 2010.

The plaintiffs are represented by lawyer Richard Busch, who won $5.3 million for the Marvin Gaye family after proving Robin Thicke and Pharrell Williams song Blurred Lines copied Gaye’s Got To Give It Up.

Matt Cardle, 2010 X Factor winner, with Dannii Minogue.
Matt Cardle, 2010 X Factor winner, with Dannii Minogue.

“My clients are professional songwriters,” Busch told The Hollywood Reporter. “Their work is their life, and I am honoured that they have trusted me with this very important case.”

The songwriters claim the chorus of Sheeran’s song shares 39 identical notes — or 70 per cent — of the chorus of their song.

“The songs’ similarities reach the very essence of the work,” states the complaint. “The similarities go beyond substantial, which is itself sufficient to establish copyright infringement, and are in fact striking. The similarity of words, vocal style, vocal melody, melody and rhythm are clear indicators, among other things, that Photograph copies Amazing.”

The pair are seeking compensation of $20 million, as well as statutory damages and an injunction, or ongoing royalties.

The song has also been used in the soundtrack for romance film Me Before You.

Listen to a comparison of the two songs below:

Original URL: https://www.news.com.au/entertainment/music/ed-sheeran-sued-for-26m-for-copying-hit-song-photograph-from-x-factor-winner/news-story/bace723349088346e0886d05fd6ccf2f