Ed Sheeran awarded almost £1million in legal costs after copyright win

21 June 2022, 16:21

Ed Sheeran and his Shape Of You co-songwriters have been awarded more than £900,000 in legal costs after winning a High Court copyright case earlier this year.

Sheeran and two co-writers - Snow Patrol's John McDaid and producer Steven McCutcheon - were accused of ripping off a 2015 song by Sami Chokri and Ross O'Donoghue.

However, after a trial in March, Mr Justice Zacaroli concluded Mr Sheeran "neither deliberately nor subconsciously" copied a phrase in the song.

READ MORE: 'This is not the end': Sami Chokri breaks silence over Sheeran High Court verdict

Mr Sheeran, his co-authors and their music companies originally launched legal proceedings in May 2018, asking the court to declare they had not infringed Mr Chokri and Mr O'Donoghue's copyright.

Mr Chokri - a grime artist who performs under the name Sami Switch - and Mr O'Donoghue then issued their own claim for "copyright infringement, damages and an account of profits in relation to the alleged infringement".

They alleged an "Oh I" hook in Shape Of You is "strikingly similar" to an "Oh Why" refrain in their own track.

But in his previous judgment, Mr Justice Zacaroli concluded "Mr Sheeran had not heard Oh Why and in any event that he did not deliberately copy the Oh I phrase from the Oh Why hook."

He dismissed the counterclaim and granted a declaration to Mr Sheeran and his fellow songwriters that they had not infringed the copyright in Oh Why.

Following the ruling, lawyers for Mr Chokri and Mr O'Donoghue said Mr Sheeran and the other claimants should pay their own legal costs, claiming they had failed to provide documents and demonstrated "awkwardness and opacity".

However, in a ruling on Tuesday, Mr Justice Zacaroli said the lesser-known songwriters should pay the legal costs, ordering an interim payment of £916,200.

A further hearing is expected to assess and finalise the sums.

"I consider it is appropriate that the claimants' success is reflected in an order that their costs are paid by the defendants, without reduction save for that which is made as part of the process of detailed assessment," Mr Justice Zacaroli said.

The judge dismissed arguments that the defendants would have changed their approach to the case if some documents and explanations about how Shape Of You was written had been provided earlier.

Ed Sheeran makes statement after winning High Court copyright case

Mr Justice Zacaroli said: "None of the disclosure or explanations, once provided to the defendants, caused them to alter their approach at all.

"Instead, they not only maintained their attack on Mr Sheeran but broadened it by asserting that he was a 'magpie' who habitually misappropriated song ideas from other writers."

During the 11-day trial in central London, Mr Sheeran denied he "borrows" ideas from unknown songwriters without acknowledgement and insisted he "always tried to be completely fair" in crediting people who contribute to his albums.

In a video message after the ruling, he said: "Claims like this are way too common now and have become a culture where a claim is made with the idea that a settlement will be cheaper than taking it to court, even if there is no basis for the claim, and it's really damaging to the songwriting industry.

"Lawsuits are not a pleasant experience and I hope with this ruling it means in the future baseless claims like this can be avoided."