Update: Childish Gambino To Possibly Face Second Lawsuit Over ‘This Is America’ Copyright Infringement Claims 

Donald Glover

Update: Childish Gambino To Possibly Face Second Lawsuit Over ‘This Is America’ Copyright Infringement Claims 

Update: (Apr. 16, 2024): Childish Gambino might have to legally fight over his hit song “This Is America” again.

As previously reported, last March a judge ruled to dismiss the suit brought by rapper Kidd Wes who accused Childish Gambino’s 2018 hit record of sounding eerily familiar to his 2016 song “Made In America.” Reportedly, the case was dropped on a technicality as Kidd Wes only held one copyright certificate, which didn’t protect the entire song. According to Courthouse News, On Monday (Apr. 15), Kidd Wes asked a New York appellate court to reopen the case.

At the time of this report, a verdict has not been given.

[VIA]

Original Story: (Mar 27, 2023): Rapper/producer Donald Glover is “swarming” with yet another win.

As previously reported, back in 2021, Donald Glover (aka Childish Gambino) was sued for allegedly stealing his Grammy-winning hit “This Is America” from an artist by the name of Kidd Wes.

Donald Glover

According to Kidd Wes (born Emelike Wesley Nwosuocha), Donald Glover robbed the flow of the chart-topping hit from his 2016 song, “Made In America,” which was supposedly copyrighted in May 2017–a year before the release of the “Atlanta” creator’s track.

Kidd Wes’ lawsuit read that Glover’s “This Is America” was “unmistakably substantially similar” and “practically identical.”

In “This Is America,” Glover raps,

“This is America / Guns in my area / I got the strap / I gotta carry ’em.”

Wes, who claimed the musical direction of the lyrics seemed to relate, raps during “Made In America,”

“Made in America / Flex on the radio / Made me a terrorist / Pessimistic n*ggas / You should just cherish this.”

Kidd Wes

Ultimately, Wes sued everyone behind the production and distribution of Glover’s song, including Roc Nation and fellow lyricist Young Thug, who sang the background vocals on the record.

In new documents, obtained by AllHipHop, the 39-year-old was said to have beat Wes’ plagiarism accusations against him, based on a technicality.

Reportedly, proceedings in regard to Wes’ copyright claim were faulty, as the artist failed to properly register the music itself, instead of just the “Made In America” recording. According to the courts, Wes only held one copyright certificate, which didn’t protect the song in its entirety.

When speaking of the legalities of the situation, Judge Marrero said,

“Even if [Kidd Wes] had a copyright registration for the composition of [Donald Glover’s] composition, however, dismissal would be warranted here because the elements of [Glover’s] composition purportedly infringed upon are insufficiently original to warrant protection, or because they are not substantially similar to the Challenged Composition.”

In addition to Judge Marrero’s words, the ruling stated,

“[Kidd Wes’] arguments that he possesses a copyright registration for the composition of Planitiff’s Composition are without merit.”

As of now, there have been no official statements from Kidd Wes or Donald Glover regarding Glover’s victory.

Do you think Kidd Wes and Donald Glover’s songs sound alike? Let us know in the comments below!