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Kidd Wes – This is protecting copyright – Part 2

Back in May 2021, we reported on the copyright dispute between Emelike Nwosuocha, known professionally as Kidd Wes, and Childish Gambino. Kidd Wes claimed Gambino’s song “This Is America” copied elements of his own track “Made In America” which he uploaded to SoundCloud in 2016, two years prior to Childish Gambino’s release in 2018. Kidd Wes then registered the work at the US Copyright Office in May 2017. Kidd Wes claimed Gambino’s song is lyrically, rhythmically and compositionally similar to his own, especially in the chorus. A US District Judge has granted a motion to dismiss the claim earlier this week. The Judge ruled that a “reasonable” jury would not rule that the lyrics of “This Is America” were similar enough to those of Kidd Wes’ track to amount to an infringement of copyright. This was not the first brush with alleged copyright infringement for Childish Gambino, whose real name is Donald Glover, having previously been involved in a similar dispute over his song “American Pharaoh” back in 2018. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com. in: Case Law, Copyright, EU/International, Legal News, News

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