All Surface Publishing has filed a copyright infringement lawsuit against K-pop group NewJeans, their agency ADOR, parent company HYBE, and Apple in the U.S. District Court for the Central District of California. The plaintiff alleges the 2023 hit song “ETA” contains unauthorized elements from the 2005 track “Samir’s Theme” by DJ Debonair Samir, seeking damages of up to $150,000.
Legal Basis for the “ETA” Copyright Claim
The lawsuit centers on claims that “ETA” misappropriates specific musical components from “Samir’s Theme,” a dance track released in 2005. According to the court filing, the alleged infringement involves the unauthorized use of a syncopated horn melody, a 16th-note rhythmic structure, and a bass drum pattern.
All Surface Publishing, which holds the rights to the 2005 composition, is seeking statutory damages and a portion of the profits earned from the song. “ETA” gained global prominence as a standout track on the group’s second EP, Get Up, which reached the top of the Billboard 200 chart.
The plaintiff is specifically targeting statutory damages of up to $150,000 in this litigation.
ADOR’s Response to Plagiarism Allegations
The production process of “ETA” is currently under internal review at ADOR. In a statement to The Korea Times, the agency noted that the track was obtained through Vana, who was selected by former CEO Min Hee-jin. ADOR stated it is examining company records to confirm whether Min properly vetted the song for potential similarities during the production phase.
How This Compares to Previous NewJeans Disputes
NewJeans has faced other allegations of copyright infringement. The following table highlights the status of these claims based on available reports:
| Song | Alleged Source | Status |
|---|---|---|
| “ETA” | “Samir’s Theme” | Active Lawsuit |
| “Bubble Gum” | “Easier Said Than Done” | Disputed; pending analysis |
| “How Sweet” | Unspecified composition | Active Lawsuit |
In the case of “Bubble Gum,” ADOR commissioned a professional musicologist to analyze the track after British band Shakatak threatened legal action. ADOR requested that the band provide their own credible analysis, but according to reports, the band has yet to respond.
Impact on Group Stability and Future Outlook
The legal pressure arrives during a period of significant transition for NewJeans. In November 2024, the group held a surprise press conference to notify ADOR of the termination of their exclusive contracts. While a subsequent legal battle resulted in members Hanni, Haerin, and Hyein returning to the agency, the group’s future remains in flux.
Reports indicate that Danielle’s contract was terminated and she has been removed from the group, while the status of Minji remains unconfirmed. These ongoing copyright battles, combined with internal management disputes, represent a complex environment for the remaining members as they look toward a potential comeback.
When analyzing high-profile copyright cases in K-pop, distinguish between “claims” and “verdicts.” Allegations are frequent, but formal court judgments regarding musical plagiarism are rare and often depend on the specific nuances of melodic and rhythmic overlap.
Frequently Asked Questions
- Who is being sued in the “ETA” case?
- The defendants include NewJeans, ADOR, HYBE, producer 250, lyricists Beenzino and Vana, and Apple.
- What does the plaintiff claim?
- All Surface Publishing claims “ETA” contains an unauthorized horn melody and rhythmic structure from the 2005 song “Samir’s Theme.”
- Are all original NewJeans members still with the group?
- No. Following a contract dispute in late 2024, Danielle was removed from the group, and the status of other members remains subject to ongoing updates.
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