Childish Gambino (also known as Donald Glover) is being sued for copyright infringement by rapper Kidd Wes (Emelike Wesley Nwosuocha), who claims that hit single "This is America" has "substantial similarities" to his own track, "Made in America," which was released in 2016.
In addition to Glover, defendants in Nwosuocha's case include various groups and musicians involved in "This is America": Young Thug (co-writer), Lüdwig Goransson (producer), RCA Records, Kobalt Music, Sony Music Entertainment, Young Stoner Life Publishing LLC, Atlantic Records, 300 Entertainment, Warner Music Group, Universal Music Publishing Group, Roc Nation, Warner Chappell Music.
Nwosuocha uploaded "Made in America" to streaming platform SoundCloud on September 11, 2016, and was granted a copyright for Eleven: The Junior Senior Year ("Made in America appears as the last track on the album), in 2017 after the album's release.
Nwosuocha and his legal team claim that "the substantial similarities between both songs include, but are not limited to, nearly-identical unique rhythmic, lyrical, and thematic compositional and performance content contained in the chorus—or ‘hook’—sections that are the centerpieces of both songs." In a statement to Pitchfork, the rapper's attorneys shared: "The similarities between the two pieces of music are beyond coincidental, and amounts to infringement, as alleged in the complaint filed by our client, Emelike Nwosuocha, professionally known as Kidd Wes." They continued: "Mr. Nwosuocha is confident in his claims, and simply seeks the credit and compensation he deserves for the unauthorized use of his music."
Glover and his collaborators are being sued for 43 damages, including the following: record sales, ringtones, ringback tones, endorsements, increased goodwill, any music publisher, record master, increased value in negotiating 360 deals (with record companies), and record incomes.
How similar are the tracks, really? Listen below and let us know what you think.