A 2021 copyright infringement lawsuit against Childish Gambino and his ‘This Is America’ composition has since been dismissed.
Born Donald Glover, the superstar musician was sued by Emelike Nwosuocha p/k/a Kidd Wes, who claimed that Gambino’s 2018 hot had striking similarities to his own song, ‘Made in America,’ and sought damages for copyright infringement.
On Friday (3.24,) however, Judge Victor Marrero ruled that the songs were “not substantially similar” and dismissed the legal action, writing:
“A cursory comparison with the challenged composition reveals that the content of the choruses is entirely different and not substantially similar.” “The elements of Plaintiff’s Composition purportedly infringed upon are insufficiently original to warrant protection, or because they are not substantially similar to the Challenged Composition.” The judge also noted the differences in the lyrics and themes and that Nwosuocha had failed to obtain copyright registration for his song’s composition.
About the decision, Glover’s lawyer, Jonathan D. Davis told Pitchfork “We are very grateful for the court’s decision.” “No case existed here, as there was no infringement – let alone a copyright registration. That was obvious from a simple comparison of the two songs and a review of the U.S. Copyright Office records.”
Nwosuocha’s attorneys told the outlet their client was “understandably disappointed” by the ruling and is considering an appeal, adding “He stands by his music, creativity, and the independence of grassroots artists to create their own music, and receive credit where credit is due, without the fear of it being apportioned by another.”