Ed Sheeran is preparing to release his fifth album, “Subtract,” next week and the stakes are higher than ever. The album documents a difficult period in the 32-year-old songwriter’s life, including the diagnosis of his wife’s tumor, the death of his best friend, and a high-profile court case in the UK. Now, Sheeran finds himself in a US court, defending against claims that his 2014 single “Thinking Out Loud” infringes on the copyright of Marvin Gaye’s “Let’s Get It On.”
The lawsuit, brought by the heirs of Gaye’s co-writer, Ed Townsend, alleges that Sheeran and co-writer Amy Wadge copied the rhythm and an ascending four-chord sequence. Entertainment lawyer Gregor Pryor says that while Sheeran may have been able to trust the judicial process in the UK, the US court system is more unpredictable. The case is one of the highest-profile pop copyright cases in recent years, and Sheeran is seen as a prime target.
Adding to the pressure on Sheeran is the question of whether his fans will engage with a deeply personal album that veers away from his usual pop genre fare. The lead single, “Eyes Closed,” charted at No. 1, but the second single, “Boat,” was at 38 in the midweek charts. The album is the final installment of Sheeran’s mathematical symbol series, which includes “+, x, ÷, and =.”
Subtract was produced by Aaron Dessner of US indie band the National, who is also known for co-producing Taylor Swift’s “Folklore” and “Evermore” albums. Dessner says that the potential of the collaboration was to bring out the vulnerability and emotion in Sheeran and make music that was not his typical style. The album has a misty, limpid sound, charged with distortion and electronic touches, and features songs that reference the Kent coastline and its natural imagery.
Dessner recorded Sheeran’s voice through old tube microphones, creating a more vulnerable effect than his biggest hits. He singles out the song “Borderline,” saying that Sheeran sings in a high, virtuosic voice that is moving and that he supported his voice harmonically without trying to fill every space with instant gratification. The effect is reminiscent of Sheeran’s formative influence, Damien Rice’s “O” album, and the National.
Sheeran is a commercial success, but his music is not always well-received by critics. In a recent interview, he brushed off the idea that indie fans might like the album because of Dessner’s presence. Dessner says that he and Sheeran have made more than 30 new songs since working together in Kent and that he is even more excited about them. Guardian music critic Alexis Petridis says that the collaboration does not require a huge leap of faith on the part of the public and that what will be interesting is learning the depth of fans’ investment in the relatable musician.