Childish Gambino hits back in This Is America song theft legal battle

completemusicupdate.com:

Childish Gambino has filed legal papers calling for the song-theft lawsuit targeting his 2018 hit ‘This Is America’ to be dismissed.He presents the usual responses to such lawsuits – ie that the elements his track and the earlier work he’s accused of ripping off share are not protected copyright and that the plaintiff hasn’t demonstrated how he had access to the earlier song.

Plus he throws in some issues around copyright registration for good measure.Miami-based rapper Kidd Wes – real name Emelike Nwosuocha – sued Childish Gambino – or Donald Glover if you prefer – last year, claiming that ‘This Is America’ lifted from his 2016 track ‘Made In America’.“The distinctive flow” heard in Glover’s track, the lawsuit stated, “is unmistakably substantially similar, if not practically identical, to the distinct and unique flow that was employed by Nwosuocha in recording his vocal performance of his rapping of the hook to his copyrighted work”.“The lyrical theme, content, and structure of the identically-performed choruses are also glaringly similar”, the lawsuit added. “The unmissable substantial similarity of the two flows used in the songs’ respective hooks, as augmented by the two hooks’ substantially similar structure and lyrical content, is striking to an extent beyond coincidence and is accordingly audible to the average lay person who listens to both songs”.But not so, says Glover in his response. “Plaintiff’s claim is based on the supposed lyrical, rhythmic, and thematic ‘similarities’ between the songs at issue”, his new legal filing notes.