NewJeans, their label ADOR, and parent company HYBE are now entangled in a second U.S. copyright infringement lawsuit within two months, raising critical concerns for global publishers and rights holders about sampling verification in high-stakes pop releases. The dispute centers on the 2023 hit single “ETA,” which US publisher All Surface Publishing alleges copied specific musical elements from a 2005 Baltimore club track without a license. This legal action, filed in the Central District of California on July 7, targets the group’s five members, their creative partners, and Apple for its advertising campaign featuring the song.
Specific Musical Elements Alleged as Copied
All Surface Publishing owns the rights to “Samir’s Theme,” a foundational dance track by producer DJ Debonair Samir released nearly two decades ago. The complaint asserts that “ETA” reproduced the original track’s syncopated melodic horn line, its bass drum pattern, and its rhythmic structure of sixteenth notes and rests. The publisher claims these elements are “strikingly and/or substantially similar, and indeed virtually identical” to those in “Samir’s Theme,” arguing that independent creation is difficult to affirm given the prior international distribution of the original work. The lawsuit names all five NewJeans members—Minji, Hanni, Danielle, Haerin, and Hyein—as co-authors, alongside producer 250, lyricist Beenzino, and companies including Sony Music Publishing and BANA.
Financial Damages and Precedent Litigation
All Surface is seeking a share of the revenue and profits generated by “ETA,” along with a permanent injunction barring further use of the song. The complaint alleges willful infringement and states the publisher may elect statutory damages of up to $150,000, though no overall figure is set, leaving the total to be established at trial. This filing follows a separate May lawsuit where four Los Angeles songwriters claimed NewJeans’ 2024 single “How Sweet” was built from a demo they submitted and were told would not be used. ADOR denied those claims, stating no copying occurred. Notably, All Surface has previously litigated over “Samir’s Theme,” including a 2024 case against Pitbull’s label regarding his 2021 hit “I Feel Good,” which settled last year. The group remains embroiled in a separate internal dispute with ADOR over their future, complicating the legal landscape for the label and its executives.
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