NewJeans is facing another plagiarism claim.
U.S. copyright administration company All Surface Publishing filed a lawsuit on July 7 in the U.S. District Court for the Central District of California, accusing the group’s hit song “ETA” of copyright infringement.
According to a complaint obtained by Dispatch, the suit names NewJeans, producer 250, lyricist Beenzino, HYBE, ADOR, BANA (Beasts And Natives Alike), and Apple, which used the song in an ad campaign.
NewJeans released “ETA” in July 2023 as part of their EP Get Up. The album topped the Billboard 200 a year after the group’s debut, while “ETA” entered the Hot 100.
All Surface claims “ETA” copied from “Samir’s Theme,” a 2005 track by Baltimore club producer DJ Debonair Samir, which the company says it owns.
The lawsuit points to the track’s syncopated horn melody, 16th-note rhythm structure and bass drum pattern, claiming those elements were used in “ETA” without permission.
The plaintiff argues the songs are similar “both quantitatively and qualitatively” in their melodic and rhythmic elements. It also claims “Samir’s Theme” was widely distributed internationally, giving the defendants access to the song, and that the similarities are too strong to be dismissed as independent creation.
All Surface is seeking a permanent injunction, profits from the alleged infringement, damages and, if willful infringement is found, up to $150,000, per work.
NewJeans’ side told Dispatch, “The track in question was sourced through BANA, which was selected by then-CEO Min Hee Jin. We are reviewing internal materials to determine whether Min properly carried out a similarity review at the time.”
NewJeans is also facing a plagiarism lawsuit over “How Sweet.” Both “ETA” and “How Sweet” were executive produced by former ADOR CEO Min Hee Jin, who won the Producer Award at the Golden Disc Awards for Get Up.
>> ADOR Claims Danielle Was the Only NewJeans Member to Pursue Independent Activities
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