According to pitchfork.com the alleged copyright infringement lawsuit filed against Donald Glover back in 2021 over Childish Gambinos’s song “This Is America” was allegedly dismissed in a New York federal court on last Friday.
Rapper Kidd Wes allegedly claimed that Glover’s song allegedly infringed on his own 2016 song “Made in America.” The judge allegedly dismissed the lawsuit with alleged prejudice to leave amend and according to Wes’s attorneys, the rapper is allegedly considering an appeal.
In the article Wes’s attorneys Imran H. Ansari and La’Shawn N. Thomas have released the following statement.
“Mr. Nwosuocha is understandably disappointed, and is considering an appeal of the decision. 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.”
The alleged dismissal from Judge Victor Marrero allegedly noted that Wes allegedly did not have a compositional copyright registration with his alleged sound recording copyright.
In the article Judge Marrero discussed the dismissal in the following statement.
“Even if Nwosuocha had a copyright registration for the composition of Plaintiff’s Composition, however, dismissal would be warranted here because 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.”
Judge Marrero added: “More could be said on the ways these songs differ, but no more airtime is needed to resolve this case.”
In the following statement Glovers‘s attorney Jonathan D. Davis shared his thoughts regarding the lawsuit being dismissed.
“We are very grateful for the court’s decision. No case existed here, as there was no infringement or 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.”
Photo Credit: Sharon Alagna
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