Childish Gambino Wins ‘This Is America’ Copyright Lawsuit

Brigitte Inverary: March 27th, 2023

Childish Gambino, real name Donald Glover, has won his case against his This Is America hit song from 2018. 

Childish Gambino was formally sued back in 2021 due to rapper Kidd Wes claiming that his “This Is America” song was “practically identical” to his “Made In America” song. The “No time” rapper claimed that both songs were ominously indistinguishable and stated the songs had “scientific similarities.” According to Judge Marrero, “More could be said on the way these songs differ, but no more airtime is needed to resolve this case.”  In a recent court hearing, NY judge Victor Marrero ruled over illegal infringement of artist Kidd Wes’s “Made In America” which debuted in 2016. The Heroes rapper's work was registered as copyright due to the case being dropped. 

‘Made In America’ was finalized as a recorded version and was not about the music audio alone. Judge Marrero concluded that there was not enough evidence of similarities between the two songs. Judge Victor Marrero stated, “ Even if Kidd Wes had a copyright registration for the composition of Childish Gambino’s composition, however, dismissal would be warranted here because the elements of Childish Gambino’s composition purportedly infringed upon are insufficiently original to warrant protection, or because they are not substantially similar to the challenged composition.” The Made In America rapper has 30 days to plead to Judge Marrero’s settlement.