Singer Ed Sheeran wins trial over plagiarism claim by Sami Switch

Ed Sheeran has won his High Court copyright trial against two songwriters who alleged that he ripped off part of one of their songs for his 2017 hit Shape of You.

Sheeran and two of his co-writers, Snow Patrol’s Johnny McDaid and producer Steve McCutcheon, known as Steve Mac had been accused of plagiarizing part of a track called Oh Why by Sami Chokri, a grime artist who performs as Sami Switch.

When delivering his ruling on Wednesday following a trial in March, Justice Zacaroli said Sheeran “neither deliberately nor subconsciously” copied a hook from the song when writing the “Oh I” phrase for Shape of You.

The judge concluded that while there are “similarities” between the OW (Oh Why) hook and the OI (Oh I) phrase, there are also “significant differences” and that “such similarities are, however, only a starting point for a possible infringement action.”

He also said that “compelling evidence” had been provided to show that Shape of You “originated from sources other than ‘Oh Why’, and that claims Sheeran had heard the song before writing his own were “no more” than “speculative.”

Chokri and his co-writer Ross O’Donoghue had claimed the central “Oh I” hook in Shape of You is “strikingly similar” to the “Oh Why” refrain in their own composition, with Chokri telling the court he felt “robbed” after hearing it.

In a video statement released after the judgment was handed down, Sheeran told fans that “baseless” copyright claims were “damaging” to the songwriting industry. “I’m not a corporation. I’m a human being,” he said. “I’m a father, I’m a husband, I’m a son. Lawsuits are not a pleasant experience and I hope with this ruling, it means in the future baseless claims like this can be avoided.”

Approximately £2.2 million in royalties were frozen during the dispute, the High Court heard during the trial. PRS For Music is now awaiting legal guidance on when royalties can be distributed following the ruling.