The situation
NewJeans and their label HYBE are facing a lawsuit from All Surface Publishing, which claims that the song "ETA" stole instrumentals from the 2005 dance track "Samir's Theme" by DJ Debonair Samir. The lawsuit alleges that the horns and drums in "ETA" are "virtually identical" to those in "Samir's Theme". This is not the first time All Surface has brought copyright infringement litigation over "Samir's Theme", having previously sued Pitbull's label in 2024.
What the internet did with it
- — "Nahhh you be lying, ETA don’t sound like that bad song. Yall just wanna sue my girls for nothing bruh, why didnt yall sue them when they were still dancing and singing" - a commenter defending NewJeans, implying the lawsuit is baseless and motivated by a desire for drama.
- Multiple music critics had already pointed out the similarities between "ETA" and "Samir's Theme" when NewJeans released their EP Get Up in 2023, with Pitchfork noting that "ETA" "takes horns from the Baltimore club classic 'Samir's Theme'".
- Theqoo comments on the issue are likely to be chaotic, given the *눈치 (tension or awkwardness) surrounding NewJeans' recent internal conflicts and lawsuits, but the exact tone of the room is still unclear.
The open question
The outcome of the lawsuit and whether HYBE and ADOR will respond to the allegations or attempt to settle out of court remain uncertain, as reps for the companies have not yet commented on the matter. A key question is whether the court will find that "ETA" did indeed infringe on the copyright of "Samir's Theme", and if so, what damages will be awarded to All Surface Publishing.
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