This Is America(n Copyright Infringement)?

May 27, 2021

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Rapper Kidd Wes has sued Donald Glover for alleged copyright infringement, claiming that Glover’s hit song “This is America”, released under Glover’s alter ego Childish Gambino, is nearly identical to his 2016 song “Made in America”.

The complaint claims that “This is America” contains “nearly-identical unique rhythmic, lyrical, and thematic compositional and performance content” to Wes’s “Made in America” in the chorus section of song.

Wes also claims that the flow of “This is America” is “unmistakably substantially similar, if not practically identical” to his song. A musicologist hired by Wes to compare the two songs stated that similarities in melodic contour, rhythmic triplet flow in each performance, and the lines Made in America and This is America are "likely not coincidences".

Wes is seeking an award of damages, including for lost profits and opportunities.

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Author: Mark Leonard