H.E.R. Gospel Copyright Lawsuit Explained: Is 'Could've Been' Copied From THIS?

H.E.R.'s GRAMMY-nominated song "Could've Been" was hit with a huge copyright lawsuit - alleged to have copied "significant" segments from a 1990 acapella track.

The massive lawsuit comes last Tuesday, alleging that the R&B singer "used "substantial original segments" from the song "Come Unto Me" on her track without permission.

Take 6, a gospel sextet owns the song "Come Unto Me," which was released last 1990. H.E.R.'s "Could've Been" hit the charts last 2018.

H.E.R. 'Could've Been' Copyright Lawsuit Explained

In a complaint filed in Manhattan, last Tuesday, Jun. 7, 2022, Take 6 alleged H.E.R., formally known as Gabriella Sarmiento Wilson, for profiting greatly from the commercial success of the infringing composition and infringing sound recording.

Per the gospel group's legal team, "'Could've Been' is a song comprised of substantially similar compositional, rhythmic and lyrical elements to 'Come Unto Me.'"

Speaking to Billboard, Take 6's legal camp said they "consulted with a musicologist" who had concluded that the group sample on H.E.R.'s song was "obvious."

"It is most unfortunate that after months of trying to resolve this, Take 6 ... is left with no alternative but filing this serious lawsuit," James Walker, Take 6's attorney said.

H.E.R.'s camp has been mum on the allegations and has not yet returned any comments while Sony Music Entertainment, which was also named in the lawsuit, was silent too.

This is not the first time that H.E.R was hit with a lawsuit for this song. This June lawsuit was an updated version of the one reported last May - the only difference was: that H.E.R was not named as a defendant.

Walker argued that at the time, they have yet to determine Wilson's percentage of ownership of the song, thus the new filing.

'Could've Been' vs 'Come Unto Me': How Did They Fare Into The Charts?

H.E.R's "Could've Been" was one of the hits of her 2018 EP "I Used To Know Her: The Prelude." It spent a week at No. 76 on the Billboard Hot 100 charts and peaked at No. 39 on the Hot R&B/Hip-Hop Songs. Featuring Bryson Tiller, the track was nominated for Best R&B Song at the 62nd GRAMMY Awards as it was also included in H.E.R.'s "I Used to Know Her" compilation album.

On the other hand, "Come Unto Me" was successful too. The 1990 album of the gospel sextet Take 6 "So Much to Say," which contained the now-debated track, spent eight weeks on the Billboard 200. Later on, it won Best Contemporary Soul Gospel album at the 1991 GRAMMY Awards.

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