NewJeans sued for alleged copyright infringement in US

From left are Danielle, Hyein, Hanni, Minji and Haerin of K-pop girl group NewJeans' original five-member lineup. Courtesy of ADOR

K-pop group NewJeans' hit song "ETA" has become the subject of a copyright infringement lawsuit in the United States.

According to a Korean-language entertainment media, U.S. copyright management company All Surface Publishing filed the suit over "ETA" with the U.S. District Court for the Central District of California on Tuesday (local time).

The suit names not only NewJeans, its agency ADOR and ADOR's parent company HYBE, producer 250 and lyricists Beenzino and Vana as defendants, as well as Apple, the U.S. electronics maker that featured the group in its advertising.

All Surface Publishing claims that "ETA" lifts instrumentals from "Samir's Theme," a 2005 dance track by producer DJ Debonair Samir to which it holds the rights. The suit alleges the unauthorized use of the track's syncopated horn melody, 16th-note rhythmic structure and bass drum pattern.

Among other remedies, the plaintiff is reportedly seeking profits earned from the song and statutory damages of up to $150,000 for the alleged infringement.

"ETA" is one of the tracks from NewJeans' second EP "Get Up," released in 2023. The song was a hit on music charts at home and abroad, helping propel the group to the top of the Billboard 200 just a year after its debut.

Speaking with The Korea Times, ADOR said the track was "obtained through Vana, who was chosen by then-CEO Min Hee-jin," adding that it is "reviewing company records to determine whether Min properly reviewed the song for similarities at the time."

Min Hee-jin, the former ADOR CEO who oversaw the production of NewJeans' music / Courtesy of ooak records

This is not the first plagiarism controversy the group has faced. In 2024, there were allegations that "Bubble Gum" plagiarized "Easier Said Than Done" by British band Shakatak. The band signaled legal action at the time, including a demand to halt use of the song and pay damages.

ADOR denied any unauthorized use, commissioned an analysis from a professional musicologist and asked Shakatak to submit a credible analysis report of its own. The band has yet to respond.

"How Sweet," released the same year, was also hit with a copyright infringement suit. The plaintiff, a composer seeking damages and rights including a share of royalties, claimed the song "clearly copied" his work and was "quantitatively and qualitatively similar."

NewJeans notified ADOR of the termination of its exclusive contract through a surprise press conference in November 2024. After a protracted legal battle, members Hanni, Haerin and Hyein returned to the agency, and there is speculation about a comeback.

Danielle's contract was terminated by ADOR and was removed from the group. Minji's status has yet to be confirmed.