Ed Sheeran again! “When I Found You?” v. “The Rest of Our Life.”

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Written by Brian McBrearty

April 3, 2018

Poor guy needs a musicologize scoreboard all to himself. And there’s no way he’s excited to see Richard Busch coming at him again. Nobody would be, dude’s a beast.

And perhaps Ed’s preternaturally easy going demeanor has reached its limit, because Sheeran has countersued and wants this thing tossed out. Good luck.

There’s no way it gets dismissed. Busch won’t have misstepped and this isn’t even close to Taylor Swift’s Haters Gon Hate situation. The plaintiffs are right in that Jasmine Rae’s “When I Found You,” has elements in common with “The Rest of Our Life” and that any ordinary listener might hear the similarities. And so they deserve their day in court.

But at their own peril, because Sheeran may also be right. Similarities don’t equal infringement. A music copyright clearance analysis would help sort out whether these similarities cross the line. I’m not going to unpack these two compositions here right now. Maybe if the case gets interesting. But at a glance Sheeran looks and sounds to me like the victim here, and I predict he’ll get out of this for little or nothing.

Brian McBrearty

Brian McBrearty is a forensic musicologist and music copyright expert witness. He provides clearance opinions, expert reports, and expert witness testimony in music copyright matters. His analysis has been cited in the Pepperdine Law Review, on NPR's All Things Considered, and by Reuters, BBC, and Courthouse News. He is the founder of Musicologize.