In a recent copyright case, the Second Circuit Court of Appeal’s panel of judges thwarted a complaint from a Miami-based rapper who contended that the 2018 song, “This Is America,” by Childish Gambino, incorporated the rhythm from his preceding 2016 record, “Made In America.”
The appealing rapper alleged a breach of copyright by attributing the success of “This Is America” to the imitation of the flow from his earlier composition, “Made In America.” The panel of the Second Circuit Court, however, dismissed this allegation, concurring with the verdict of a New York federal judge.
The matter centered on the question of copyright protection. The judges in both the original and appellate courts agreed that the Miami rapper had failed to secure the composition of his previous song with a copyright, thereby leaving the allegations null and void. Hence, the verdict was ultimately unfavorable for the appellant.
For complete insights on this case, check the detailed report available on Law360.com.