For a group that appeared to be among the most exciting things to happen to K-pop in years just three years ago, it’s an odd position. In just a year after their 2022 debut, NewJeans’ EP Get Up became the first K-pop girl group album to debut at No. 1 on the Billboard 200. “ETA,” a punchy, rhythm-heavy song centered around a horn line that anyone familiar with Baltimore club music would recognize right away, was one of the songs carrying that momentum. It turns out that the issue now is that familiarity.
All Surface Publishing, a New York-based music publisher, sued NewJeans, their label ADOR, parent company HYBE, producer 250, lyricists Beenzino and Vana, and Apple for copyright infringement on July 7 in the US District Court for the Central District of California. The 2005 instrumental “Samir’s Theme,” which was created by Baltimore club musician DJ Debonair Samir, is the subject of the complaint. The song’s composition rights belong to All Surface, who claims that “ETA” copied its bass drum pattern, 16th-note rhythmic structure, and syncopated horn melody without permission or acknowledgment.
The fact that music critics noticed the similarity in real time makes this lawsuit seem less unexpected and more inevitable. Pitchfork and Paste both pointed out that “ETA” had taken its horn arrangement from “Samir’s Theme” when Get Up was released in 2023. That is not the usual history of a copyright dispute. Usually, forensic musicologists are the ones who bring these issues to light years later. In this case, the observation was present in the media coverage. Additionally, All Surface claims that although it sent the defendants a cease-and-desist letter in June, no agreement was reached prior to the filing.
ADOR’s response has been cautious and somewhat revealing. The company stated that it is “reviewing internal records to determine whether the necessary procedures, including an assessment of potential musical similarities, were properly carried out at the time” rather than making a categorical denial. The label stated that the song was sourced through BANA, a South Korean creative firm, while former CEO Min Hee-jin was in charge. She was fired in 2024 after a protracted corporate dispute with HYBE. It seems as though ADOR is subtly drawing attention to that oversight gap without explicitly stating it. That might be completely fair. Convenient framing is another possibility.
It is worthwhile to consider Apple’s involvement in the lawsuit. According to the complaint, “ETA” was prominently featured in advertising campaigns timed to the song’s release by the tech company and the other defendants, which increased the alleged infringement’s commercial impact and reach. All Surface’s legal team made a structural decision that will likely make it more difficult to resolve this case in a discreet manner. “ETA” has received more than 470 million Spotify plays. A portion of the song’s earnings, a court order prohibiting its further use, and statutory damages up to $150,000 are all sought in the lawsuit; the exact amount will be determined at trial. Additionally, the complaint claims that the infringement was deliberate, which carries harsher penalties if proven.
There are other legal issues that NewJeans is involved in. Four songwriters from Los Angeles filed a separate lawsuit in May, alleging that the group’s 2024 single “How Sweet” was based on a demo they submitted and were informed would not be used. The British jazz-funk group Shakatak’s song “Bubble Gum” has also been accused of plagiarism, though formal legal action has not yet been taken. In addition, three of the five members of NewJeans—Hanni, Haerin, and Hyein—have rejoined ADOR following the group’s abortive attempt to terminate their contracts in late 2024; Minji’s status is still pending, and Danielle was officially dropped by the label in December.
Any act, let alone one with members still in their late teens, has a lot to deal with. Although the lawsuits are separate, taken as a whole, they are becoming more difficult to reject. For the time being at least, what began as a celebrated ascent through the charts is turning into something more akin to a protracted legal reckoning, where the music itself is essentially subordinated to the concerns expressed regarding its production.
