A federal judge has finally decided Ed Sheeran must face a jury trial over whether he stole key pieces of his “Thinking Out Loud” from Marvin Gaye‘s iconic “Let’s Get It On,” despite efforts to toss the case. This has been going on for at least 4 years now. Sheeran’s attorneys argue the lawsuit – filed by an entity that owns a partial stake in Gaye’s famous 1973 song – was invalid because the combination of simple melodic elements the singer allegedly stole were not unique enough to be covered by a copyright in the first place.
But in a ruling on Thursday, Judge Louis Stanton said there was “no bright-line rule” for deciding such questions and that Sheeran would need to make his arguments before a jury of his peers. A date hasn’t been set yet for the trial but it will be in a Manhattan federal courthouse. Sheeran does have a copyright law win in his pocket when he won a similar lawsuit in the U.K. over “Shape Of You.”