A copyright infringement lawsuit against Childish Gambino over his hit This Is America has been dismissed.
Gambino, the musical stage name of actor Donald Glover, was sued by Emelike Nwosuocha, who performs as Kidd Wes, in May 2021. In the lawsuit, Nwosuocha claimed that This Is America, released in 2018, had striking similarities to his own tune, Made in America, and sought damages for copyright infringement.
However, on Friday, Judge Victor Marrero ruled that the songs were “not substantially similar” and dismissed the legal action.
“We are very grateful for the court’s decision,” Glover’s attorney Jonathan D. Davis said in a statement to Pitchfork. “No case existed here, as there was no infringement – let alone a copyright registration. That was obvious from a simple comparison of the two songs and a review of the U.S. Copyright Office records.”
Nwosuocha’s attorneys told the outlet their client was “understandably disappointed” by the ruling and is considering an appeal.
“He stands by his music, creativity, and the independence of grassroots artists to create their own music, and receive credit where credit is due, without the fear of it being apportioned by another,” they added.
In his ruling, Judge Victor Marrero wrote, “A cursory comparison with the challenged composition reveals that the content of the choruses is entirely different and not substantially similar.”
He stated, “The elements of Plaintiff’s Composition purportedly infringed upon are insufficiently original to warrant protection, or because they are not substantially similar to the Challenged Composition.”
The judge also noted the differences in the lyrics and themes and that Nwosuocha had failed to obtain copyright registration for his song’s composition.