Ed Sheeran’s song “Shape of You” does not infringe Sami Switch’s “Oh Why”

Author: Jeremy Blum (Bristows LLP) and Jake Palmer (Bristows LLP)
Published: 19.05.2022
Photo by Panos Sakalakis on Unsplash The UK High Court has declared that Ed Sheeran’s mega-hit “Shape of You” does not infringe copyright in Sami Switch’s lesser-known song “Oh Why” ([2022] EWHC 827 (Ch)). The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement. There is also some useful, but limited, commentary on copyright subsisting in part of a song and…