Childish Gambino emerged victorious in a legal dispute surrounding his Grammy-winning song, "This is America," after he was accused of plagiarizing a song released in 2016 titled "Made In America."
The lawsuit was initially served last 2021 and has been a part of Gambino's legal headache since then. Very recently, the judge finally ruled on the dispute, siding with Gambino.
Childish Gambino 'This Is America' Lawsuit Explained
According to the complaint made by Wes Kidd in 2021, he claimed that Gambino intentionally ripped off his song "Made in America."
Kidd released the song in 2016 on SoundCloud and eventually on YouTube.
Later on, he claimed that he registered the song with the U.S. Copyright Office in May 2017 as the lead single from his forthcoming album, HipHopDX reported.
Kidd also argued that Gambino's song and his had "scientific similarities" and were "practically identical" to his.
However, according to Judge Victor Marrero, who ruled on the case, Gambino won on a technicality. Turns out, Kidd only registered the "recorded version" of the song in the U.S. Library of Congress, not the music itself, thereby nullifying his case.
But the judge pointed out that despite the technicality, Kidd's case would not prevail even if he registered the song successfully or not.
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"Even if Kidd Wes had a copyright registration for the composition of Childish Gambino's Composition, however, dismissal would be warranted here because the elements of Childish Gambino's Composition purportedly infringed upon are insufficiently original to warrant protection, or because they are not substantially similar to the Challenged Composition," the judge said in a statement.
As of this writing, Kidd has two weeks to appeal the judge's resolution and possibly overturn the whole case if he provides substantial evidence to further the case.
Childish Gambino 'This is America' Awards
Released on May 6, 2018, via RCA, "This Is America" quickly became a power anthem, mirroring the current state of America in general.
"It is a surreal, visceral statement about gun violence in America," Rolling Stone said of the song.
Meanwhile, the song debuted atop the Billboard Hot 100 charts, the U.S. Hot R&B/Hip-Hop Songs, and the U.S. Billboard Rhythmic Charts.
The song was also victorious at the 61st Annual Grammy Awards, where it took home the Grammy Award for Record of the Year, Song of the Year, Best Rap/Sung Performance, and Best Music Video.
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