NewJeans has once again been embroiled in plagiarism allegations. This time the group was sued in the United States over its hit song “ETA” for alleged copyright infringement.
US-based copyright management company All Surface Publishing reportedly filed a copyright infringement lawsuit on July 7 in the US District Court for the Central District of California.
Dispatch reportedly obtained a copy of the complaint filed by All Surface Publishing. The lawsuit names NewJeans, producer 250, lyricist Beenzino (Lim Sung-bin), HYBE, ADOR, BANA (Beasts And Natives Alike) and Apple, which featured the song in an advertising campaign, as defendants.
NewJeans released the Get Up EP in July 2023. The album helped the group reach No. 1 on the Billboard 200 just a year after debut. The song “ETA” also entered the Billboard Hot 100.
All Surface Publishing claims that “ETA” illegally copied “Samir’s Theme,” a composition to which the company owns the publishing rights.
“Samir’s Theme” was originally released in 2005 by Baltimore club music producer DJ Debonair Samir.
According to the complaint, the horn melody built around syncopation, the rhythmic structure composed of sixteenth notes and the bass drum patterns of “Samir’s Theme” were used in “ETA” without permission.
The plaintiffs argue that the two songs share substantial similarities both quantitatively and qualitatively, including distinctive melodic and rhythmic elements. They further claim that “Samir’s Theme” had already been widely distributed internationally, making it accessible to the defendants, and that the level of similarity is too significant to be considered independently created.
The lawsuit seeks a permanent injunction against the alleged infringement, recovery of profits earned by the defendants, compensatory damages, and statutory damages of up to $150,000 per copyrighted work if willful infringement is found.
In a statement to Dispatch, the NewJeans side said: “The song in question was purchased through BANA, which was selected by then CEO Min Hee-jin. We are currently reviewing internal documents to determine whether adequate similarity checks and verifications were conducted at that time.”
Meanwhile, NewJeans is also facing a separate plagiarism lawsuit involving “How Sweet.” Both “ETA” and “How Sweet” were executive produced by former ADOR CEO Min Hee-jin. He also received the Producer Award at Gold Record Awards for his work on Get Up.
Sources: Nate
