Legal dispute “this is america”: Donald Glover Accused of Copyright Infringement
Understanding copyright law is essential for any artist, especially musicians, as it plays a crucial role in protecting their creative work. In May 2021, Donald Glover, widely known by his stage name Childish Gambino, faced a legal challenge when he was sued for copyright infringement over his 2018 hit single, "This is America." The lawsuit was brought by Emelike Nwosuocha, a Florida-based rapper who performs under the name Kidd Wes. Nwosuocha alleged that Glover's Grammy-winning track unlawfully copied elements of his 2016 song "Made in America."
The Allegations
Nwosuocha's lawsuit, filed in New York, claimed that there were "substantial similarities" between the two songs, particularly in their choruses. He argued that the rhythmic flow, lyrical content, and thematic elements of "This is America" were nearly identical to those of his song. The lawsuit also named several other defendants, including Young Thug, composer Ludwig Göransson, and multiple music industry giants like RCA Records and Sony Music Entertainment.
Central to Nwosuocha's case was the claim that the "distinctive flow" and thematic content of Glover's track were so similar to his own that they could not be coincidental. To support his case, Nwosuocha hired musicologist Dr. Brent Swanson, who concluded that the similarities between the two tracks were "likely not coincidences." According to Swanson, both songs shared a comparable melodic contour, rhythmic structure, and lyrical alignment, despite being performed at different tempos.
Nwosuocha further claimed that Glover and the other defendants have profited substantially from the success of "This is America" and that he suffered damages, including lost profits and opportunities. He was seeking damages and a trial by jury.
What is Copyright Infringement?
Copyright infringement occurs when someone uses another person's copyrighted work without permission, in a way that violates the copyright holder's exclusive rights. In the context of music, copyright protects both the underlying composition (lyrics and melody) and the sound recording of a song. If an artist believes their work has been copied, they must prove that the alleged infringer had access to their work and that the two pieces are "substantially similar."
In Nwosuocha's case, the focus is on the alleged similarities in flow, lyrics, and themes between "Made in America" and "This is America."
The Court’s Decision
The lawsuit was ultimately dismissed by Judge Victor Marrero. The judge noted that Nwosuocha did not have a compositional copyright registration, which was crucial for his case. Moreover, the judge found that the elements of Nwosuocha's song that were allegedly infringed upon were not sufficiently original to warrant copyright protection. He also concluded that the songs were not substantially similar enough to constitute copyright infringement. The judge remarked, “More could be said on the ways these songs differ, but no more airtime is needed to resolve this case.”
Nwosuocha’s attorneys have indicated that he is considering an appeal, but for now, the case serves as a stark reminder of the challenges in proving copyright infringement in the music industry. It also underscores the importance of understanding copyright law and the protections it offers to artists.
Sources
Murray Stassen, Childish Gambino Sued for Copyright Infringement Over This is America, Music Business Worldwide, May 7, 2021. https://www.musicbusinessworldwide.com/childish-gambino-sued-for-copyright-infringement-over-this-is-america/
Evan Minsker, Lawsuit Over Childish Gambino’s “This Is America” Dismissed, Pitchfork, Mar. 26, 2023. https://pitchfork.com/news/lawsuit-over-childish-gambinos-this-is-america-dismissed/
What Musicians Should Know about Copyright, U.S. Copyright Office. https://www.copyright.gov/engage/musicians/
