According to documents sent to the Central District Court of California (USA), music publishing company All Surface Publishing has filed a lawsuit against NewJeans' song "Eta" on copyright infringement charges.
Accordingly, the lawsuit is not only aimed at NewJeans members but also lists many related parties, including producer 250, rapper Beenzino (Lim Sung Bin), HYBE, ADOR, BANA (Beasts And Natives Alike) and Apple - a unit that used to use "Eta" in an advertising campaign.
All Surface Publishing argues that "Eta" copied many elements from the song "Samir's Theme" released by electronic music producer DJ Debonair Samir in 2005.
The plaintiff accused NewJeans' song of using the characteristic trumpet melody, inverted rhythm structure, double hook rhythm and bass drum model of "Samir's Theme" without permission.
According to the lawsuit, the two works have many significant similarities in both quantity and quality, including original melodic and rhythmic elements. The plaintiff also argued that "Samir's Theme" was widely released internationally before, so the defendant is fully capable of accessing the work.
All Surface Publishing requests the court to issue a permanent ban on alleged copyright infringement, forcing relevant parties to return all profits from the song and compensate for damages. In case the court determines the infringement to be intentional, the legal compensation may be up to 150,000 USD for the infringed work.
NewJeans said that the song was selected through BANA - the unit chosen by former ADOR CEO Min Hee Jin during the album production process. The company is currently reviewing internal records to verify whether Min Hee Jin has fully implemented the process of evaluating the similarity of the song before release.
This is not the first time NewJeans have been suspected of plagiarism. Previously, the song "How sweet" also became the focus of a similar controversy. Both "Eta" and "How sweet" are produced by Min Hee Jin.
