Allegations have surfaced suggesting Donald Glover, whose stage name is Childish Gambino, plagiarized his single “This Is America” based on rapper Jase Harley’s 2016 song, “American Pharaoh.” The controversy began after Jamie Foxx brought Glover on stage at the BET Awards for high praise and an impromptu performance of the hit single. Reddit users took to the internet in noting the similarities shared with the prior song. To prove copyright infringement, Jase Harley would need to demonstrate that the two songs are in fact “substantially similar” and that Glover reasonably had access to the song. Substantial similarity is not analyzed as to singular musical elements in isolation but rather, it must apply to the melody, rhythm, and lyrical content of the pieces. Common elements between the two songs include voice modulation by both rappers, similar flow and intonation, and alternating between soulful melodies and a bass-boosted chorus. Moreover, the general message of both addresses the plight of the black American. If Harley chooses to pursue this claim, he must also prove valid copyright ownership in the allegedly copied elements, that is, that the elements were original to Harley and not found in other pre-dating works. In turn, Childish Gambino would need to show “This Is America” was created without influence by or access to Harley’s song. In a recent social media post, Harley intimated his lack of intent to pursue legal action against Glover. Instead, he posted that he is “extremely humbled” to have inspired the song. For now, the case remains in the court of public opinion. #omnilegalgroup #copyright #childishgambino
