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NewJeans sued over plagiarism of 'ETA'…"Original melody and rhythm used without permission"
by. Hyejin Park

[Dispatch=Reporter Park Hye-jin] NewJeans has been embroiled in plagiarism allegations once again. The hit song "ETA" has faced a copyright infringement lawsuit in the United States. All Surface Publishing, a U.S. copyright management company, filed a copyright infringement lawsuit against NewJeans' "ETA" at the U.S. District Court for the Central District of California on the 7th. Dispatch obtained a copy of the complaint submitted by All Surface. The lawsuit names NewJeans, producer 250, lyricist Beenzino (Lim Sung-bin), HYBE, ADOR, BANA (Bits&Natives), and Apple, which ran advertisements, as defendants in the copyright infringement claim. NewJeans released the EP "Get Up" in July 2023. The album brought NewJeans to the top of the Billboard 200 just one year after their debut. The included track "ETA" charted on the Hot 100. All Surface Publishing claims that NewJeans' "ETA" plagiarized the musical composition "Samir's Theme," for which they own the rights. "Samir's Theme" is a song released in 2005 by Baltimore club music producer DJ Debonair Samir. The plaintiffs argue that the horn melody using syncopation from "Samir's Theme," the rhythmic structure composed of sixteenth notes, and the bass drum were used without authorization in "ETA." The plaintiffs state that "the original melody and rhythmic elements are similar both quantitatively and qualitatively," and that "Samir's Theme" had been widely distributed internationally beforehand, allowing the defendants access to the song, and that the similarity is so substantial that independent creation is difficult to affirm." The plaintiffs are seeking a permanent injunction against the infringing acts, return of profits obtained by the defendants, damages, and statutory damages of up to $150,000 per work if willful infringement is found. A NewJeans representative told Dispatch: "The audio in question is a song acquired through BANA, which was selected by then-CEO Minhee Jin. We are currently reviewing internal materials regarding whether the CEO properly conducted audio similarity reviews at the time." Meanwhile, NewJeans is currently involved in another plagiarism lawsuit over "How Sweet." Both "ETA" and "How Sweet" were overseen in overall production by former ADOR CEO Minhee Jin. Notably, he also received the Producer Award at the Golden Disc Awards for "Get Up."
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