U.S. News | Nwosuocha Sues Childish Gambino for Copyright Infringement

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Emelike Nwosuocha has filed a lawsuit in the New York Southern District Court against Donald Glover popularly known as Childish Gambino for copyright infringement.

The plaintiff alleges that the hook, flow, and lyrics in “This Is America” are unmistakably substantially similar, if not practically identical to his own 2016 track “Made in America”.

The plaintiff reportedly said that “This Is America” is a copy of his single, which was released on SoundCloud in 2016, and registered with the U.S. Copyright Office.

This Is America in 2019 become the first rap song to win Grammys for best song and best record. The song is packed with social commentary and juxtaposes an up-tempo rhythm, layered with church hymns and Afrobeats, with a heavier, more foreboding bassline.

The plaintiff alleges that the chorus of Childish Gambino’s song is similar to his own and permission or authorization was not granted for use.

The plaintiff reportedly said that he employed a musicologist to compare the two tracks, who concluded that these similarities are likely not coincidences but intentional.

The plaintiff reportedly named Gambino’s record label, RCA as a defendant, along with Roc Nation and the rapper Young Thug, who is credited as a writer and performing backing vocals.

Nwosuocha is seeking a trial and damages, including for lost profits and opportunities.

The case is ongoing.

Nwosuocha v. Glover II et al

Judge: Victor Marrero
Court: New York Southern District Court
Case #: 1:21-cv-04047
Nature of Suit: Copyright 
Cause: Copyright Infringement
Case Filed: May 05, 2021


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About Nathaniel Adebayo 734 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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