Judge dismisses song theft lawsuit against Childish Gambino
A US judge last week dismissed a song theft lawsuit filed against Childish Gambino which claimed that his 2018 hit ‘This Is America’ ripped off an earlier track called ‘Made In America’.The choruses of the two songs are not “substantially similar”, despite what that lawsuit claimed, the judge ruled, while the “distinctive flow” of the earlier work is not protected by copyright.Miami-based rapper Kidd Wes – real name Emelike Nwosuocha – sued Childish Gambino – aka Donald Glover, of course – in 2021, claiming that ‘This Is America’ lifted from his 2016 release ‘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 then added.Glover responded to the lawsuit last September seeking to have Nwosuocha’s legal action dismissed.