NewJeans has once again become embroiled in plagiarism allegations. This time, the group has been sued in the United States over its hit song “ETA” for alleged copyright infringement.

According to reports, U.S.-based copyright management company All Surface Publishing filed a copyright infringement lawsuit on July 7 with the U.S. District Court for the Central District of California.

Dispatch reportedly obtained a copy of the complaint submitted by All Surface Publishing. The lawsuit names NewJeans, producer 250, lyricist Beenzino (Lim Sung-bin), HYBE, ADOR, BANA (Beasts And Natives Alike), and Apple, which featured the song in an advertising campaign, as defendants.

NewJeans released the EP Get Up in July 2023. The album helped the group reach No. 1 on the Billboard 200 just one year after debuting. The track “ETA” also entered the Billboard Hot 100.

All Surface Publishing alleges that “ETA” unlawfully copied “Samir’s Theme,” a composition for which the company owns the publishing rights.

“Samir’s Theme” was originally released in 2005 by Baltimore club music producer DJ Debonair Samir.

According to the complaint, the horn melody built around syncopation, the rhythmic structure composed of sixteenth notes, and the bass drum patterns from “Samir’s Theme” were used in “ETA” without authorization.

The plaintiffs argue that the two songs share substantial similarities both quantitatively and qualitatively, including distinctive melodic and rhythmic elements. They further claim that “Samir’s Theme” had already been widely distributed internationally, making it accessible to the defendants, and that the level of similarity is too significant to be considered independently created.

The lawsuit seeks a permanent injunction against the alleged infringement, recovery of profits earned by the defendants, compensatory damages, and statutory damages of up to US$150,000 per copyrighted work if willful infringement is established.

In a statement to Dispatch, NewJeans’ side said, “The song in question was sourced through BANA, which was selected by then-CEO Min Hee-jin. We are currently reviewing internal documents to determine whether proper similarity checks and verification were conducted at the time.”

Meanwhile, NewJeans is also facing a separate plagiarism lawsuit involving “How Sweet.” Both “ETA” and “How Sweet” were executive-produced by former ADOR CEO Min Hee-jin. She also received the Producer Award at the Golden Disc Awards for her work on Get Up.

Sources: Nate