According to court documents filed this past week, Wes claims that in 2016, he is the rapper who created the song "Made In America." Wes alleges that Gambino then infringed on his copyright with the "glaringly similar" "This Is America."
"This Is America" hit No. 1 on Billboard Hot 100 chart when it was released, and went on to win four Grammys — including record of the year in 2019.
Wes, whose real name is Emelike Nwosuocha, filed the papers in New York federal court. The suit alleges that the songs in question have a "substantially similar unique 'flow,'" as well as "the lyrical theme, content, and structure of the identically-performed choruses." Wes' lawyers claim the similarity is "striking to an extent beyond coincidence."
In the court papers, a University of Miami musicologist, Dr. Brent Swanson, writes: "There are distinct similarities in melodic contour, rhythmic triplet flow in each performance, and the lines 'Made in America' and 'This is America' line up nearly perfectly in time despite being different tempos. They also both use rhythmic utterances in their performances."
While that may sound like a bunch of gobbledygook, Swanson used "in-depth forensic sonic analysis" to arrive at his professional conclusion.
Apparently, Swanson isn't alone. Fans of Wes have also been commenting on the similarities on the music platform Soundcloud with one less profound critic declaring, "Gambino ripped this sh*t off you G." So now what?
Lawyers for Wes claim Gambino is guilty of copyright infringement, and is seeking a permanent injunction and damages, plus lost profits from the song in question. Also named in the million-dollar lawsuit are Gambino's co-writers, record label and publishing unit.
Attorney's for Wes — Imran H. Ansari of Aidala Bertuna & Kamins, and La'Shawn N. Thomas of Miami Entertainment Law Group — state, "The similarities between the two pieces of music are beyond coincidental, and amounts to infringement, as alleged in the complaint filed by our client. Mr. Nwosuocha is confident in his claims, and simply seeks the credit and compensation he deserves for the unauthorized use of his music."
But wait... This isn't the first time Gambino has been accused of stealing from another rapper. In 2018 social media was buzzing with allegations that "This Is America" copied Jase Harley's 2016 track "American Pharaoh." Harley posted on Instagram, "It's cool tho... Glad they liked my song It's all love." Gambino denied the allegation and claimed to have proof it's not true.
Unfortunately for Gambino his current accuser isn't feeling the love.
TMZ was the first to report on the lawsuit against Glover.