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Hallyuwood
NewJeans embroiled in plagiarism allegations over 'How Sweet,' 'ETA'
NewJeans embroiled in plagiarism allegations over 'How Sweet,' 'ETA'
Two copyright infringement lawsuits have been filed in California accusing K-pop group NewJeans of plagiarizing their songs "How Sweet" and "ETA."
"How Sweet" and "ETA" were released in 2024 and 2023, respectively, during the tenure of former ADOR CEO Min Hee-jin.
According to Korean media outlet Dispatch, All Surface Publishing, a U.S.-based copyright management company, filed a lawsuit alleging direct and vicarious copyright infringement over "ETA." The defendants include NewJeans members Minji, Hanni, Haerin and Hyein, former member Danielle, HYBE, HYBE America, ADOR, Bana Entertainment, and others. The company is seeking a jury trial.
"ETA," which appeared on NewJeans' 2023 album "Get Up," allegedly copied "Samir's Theme," a 2005 track by Baltimore club music producer DJ Debonair Samir, for which All Surface Publishing holds the rights.
The lawsuit claims that key musical elements from "Samir's Theme"—including its syncopated horn melody, sixteenth-note rhythmic structure, and bass drum pattern—were used without authorization in "ETA."
"The two songs are similar both quantitatively and qualitatively, including in their original melodies and rhythmic elements," the plaintiff said.
The company is seeking a permanent injunction, the return of profits allegedly earned from the song, damages, and statutory damages of up to $150,000 per work if willful infringement is proven.
In response, NewJeans' side told Dispatch, "The songs in question were acquired through Bana, which was selected by then-CEO Min Hee-jin. We are currently reviewing internal records regarding whether CEO Min properly conducted reviews on the similarity of the songs at the time."
A separate copyright infringement lawsuit was also filed against "How Sweet" by songwriters Aidan Rodriguez, Adam Gokcebay, Audrey Armacost, and Michael Campanelli.
The defendants include NewJeans, former member Danielle, HYBE, HYBE Music Services, HYBE America, ADOR, and Bana Entertainment.
The plaintiffs allege that "How Sweet" plagiarized their song "One of a Kind."
According to Dispatch, Bana provided an instrumental track to Pulse Music and requested the completion of the song's topline. Pulse Music then commissioned Armacost, who created the topline with the three other plaintiffs and additional collaborators before submitting it to Bana through Pulse.
Two weeks later, Bana allegedly informed the songwriters that the deal had fallen through. Four months later, "How Sweet" was released.
"The topline we submitted to Bana was used. There is no way Bana CEO Kim Ki-hyun and the A&R staff would be unaware of this," the plaintiffs alleged.
The credits for "How Sweet" list Min Hee-jin as executive producer and Kim Ki-hyun as co-producer.
Trevor Barrett, the attorney representing the plaintiffs, told Dispatch, "We felt deep disappointment upon learning that our songs were blatantly plagiarized. We hope that our rights will be rightfully restored through this lawsuit."
In response, ADOR said, "How Sweet is a song acquired through Bana, and we are currently verifying the processes carried out at the time, including the review for musical similarity."
