Ex-Thirsty Merc Member Suing Ed Sheeran For “Blatant Copying” Of Country Song
13 January, 2018, 06:09
The lawsuit, launched in the USA by ex-Thirsty Merc guitarist Sean Carey and keyboardist-producer Beau Golden, accuses McGraw and Hill's song "The Rest Of Our Life" (which was co-written by Sheeran) of ripping off Australian artist Jasmine Rae's song "When I Found You", which was co-written by Carey and Golden.
When Carey and Golden further pushed the issue, Holland allegedly indicated that he was aware that the songs were substantially similar for more than two months before Tim and Faith's "The Rest of Our Life" was released last October.
"When I Found You" was written in 2014 by Australian songwriters Carey, Golden, and Jasmine Rae (who is not a plaintiff), and the song was released in 2015.
The lawsuit states that "the copying is, in many instances, verbatim, note-for-note copying of original elements of the Song, and is obvious to the ordinary observer".
Also listed in the legal documents are Ed's co-writing team - Johnny McDaid, Steve Mac and Amy Wadge. Though Rae is a co-writer on the tune, she's not a part of the suit.
Busch writes that Rae wanted to involve in the process her boyfriend, Tim Holland, who was a marketing manager for Sony.
Carey and Golden are represented by Richard Busch, the famed attorney who represented Marvin Gaye's family in the lawsuit over Robin Thicke's "Blurred Lines". Carey and Golden allege in their lawsuit that, "The two songs are musically similar, while also containing similar lyrics and identical themes of love and marriage".
The Australian pair are reportedly seeking $6.3 million ($5 million USD) in damages from Sheeran (pictured here in December 2017) and also want the Tim McGraw and Faith Hill version to be permanently blocked. An alternative theory suggests that Sheeran was exposed to the song during his Australian tour, which happened to be the time that "When I Found You" was garnering its most airplay on Australian radio.
Rae isn't a plaintiff in this case (and the lawsuit isn't shy about hinting at motive, with the accusation that she didn't write an email explaining how she wouldn't participate in an action against McGraw and Hill or their record company).
The complaint says that based on downloads, Spotify and YouTube streams, TV broadcasts and live performances, Sheeran and his co-writers have profited in excess of $US5 million from The Rest of Our Life.
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