A federal appeals court has upheld an order requiring rapper Kidd Wes to pay nearly $300,000 in attorney fees after his unsuccessful lawsuit claiming Childish Gambino's hit song "This Is America" infringed on his 2016 track "Made in America."

As per All Hip Hop, the $286,475 legal fee award comes after Kidd Wes's appeal was rejected. The original lawsuit, filed in 2021, came three years after "This Is America" went viral and won multiple Grammy Awards, raising skepticism about the timing of the claim.

In court documents filed in New York federal court,Page Six reported that Kidd Wes, whose real name is Emelike Nwosuocha, claims that the two songs share a "substantially similar unique flow" along with nearly identical choruses in terms of lyrical theme, content, and structure. The lawsuit also names Gambino's co-writers, record label, and publishing company.

A report from Dr. Brent Swanson, a University of Miami musicologist attached to the lawsuit, states that both songs display distinct similarities in melodic contour and rhythmic triplet flow. According to the report, the phrases "Made in America" and "This is America" align almost perfectly in timing despite different tempos.

Kidd Wes' legal team says the similarities go beyond coincidence and amount to copyright infringement. The suit seeks a permanent injunction against further use of the song and compensation for damages and lost profits.

In a statement to Page Six, Kidd Wes said, "It's not about the money ... it's about the respect of the independent artist. I've had so many friends in the industry that were afraid to come up and say something because a name was bigger than them. I just want this to be the end of an old era and the opening of a new one."

He added, "Creativity is what makes this industry what it is ... that's what this is solely about, respecting the art of one another."

However, the court decision described Kidd Wes's lawsuit as "opportunistic" and "without merit on its face." A key issue was Kidd Wes's failure to register the copyright for the musical composition he alleged was stolen, a fundamental requirement under U.S. copyright law.

Initially, the district court sought $934,000 in attorney fees but reduced the amount to $286,000, stating the sum would discourage weak lawsuits without imposing undue financial hardship on an individual artist.

The appeals panel said that Kidd Wes had been told about his lack of registration but still went ahead with the case. The decision stressed how important it is to meet all legal requirements before making copyright claims.

Kidd Wes now faces paying the legal costs to Childish Gambino's legal team, marking another victory for the actor-singer also known as Donald Glover, who is behind one of the decade's most significant songs.

"This Is America" topped the Billboard Hot 100 chart upon its release and won four Grammy Awards in 2019, including Record and Song of the Year. The song sparked earlier controversies over originality but Gambino's collaborators have previously denied any wrongdoing, asserting they have proof of original production.

Originally published on Music Times

Tags
Childish Gambino