However, Mr Justice Zacaroli concluded Mr Sheeran ‘neither deliberately nor subconsciously’ copied a phrase in the song.
The pair had alleged that 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.’
However, in a ruling on Tuesday, Mr Justice Zacaroli said that the lesser-known songwriters should pay the legal costs, ordering an interim payment of £916,200.Ross O’Donoghue also claimed the song infringes parts of one of their songs Mr Justice Zacaroli said: ‘None of the disclosure or explanations, once provided to the defendants, caused them to alter their approach at all.
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