For the second time in two months, NewJeans, their label ADOR and parent company HYBE are facing a copyright infringement lawsuit in the United States.
This time the disputed track is ETA, one of the singles from the K-pop group’s 2023 EP Get Up.
A New York music publisher, All Surface Publishing, alleges that ETA copied a combination of musical elements from a dance track released nearly two decades earlier, without a license.
The complaint, which you can read in full here, was filed in the US District Court for the Central District of California on Tuesday (July 7).
All Surface owns the composition Samir’s Theme, a 2005 Baltimore club track by the producer DJ Debonair Samir that is registered with the US Copyright Office.
All Surface claims ETA reproduced the track’s syncopated melodic horn line, its bass drum pattern and its rhythmic structure of sixteenth notes and rests.
The elements in ETA are “strikingly and/or substantially similar, and indeed virtually identical” to those in Samir’s Theme, according to the All Surface complaint.
Music critics flagged the resemblance when Get Up arrived in 2023, with Pitchfork and Paste each writing that ETA borrowed its horns from Samir’s Theme.
ETA was a title track from Get Up, the EP that gave NewJeans their first No. 1 on the Billboard 200 in 2023.
The song peaked at No. 81 on the Billboard Hot 100 and at No. 4 on the Billboard Global Excl. U.S. Songs chart.
It has since surpassed 470 million streams on Spotify.
The suit names all five NewJeans members – Minji, Hanni, Danielle, Haerin and Hyein – and alleges each co-authored ETA.
Also named are UMG Recordings, the creative agency BANA Entertainment, the publishers Sony Music Publishing, Concord Music Group and Peermusic, the producer known as 250, and Apple, among other co-writers and companies.
The complaint alleges that Apple, in partnership with the other defendants, caused ETA to be “prominently featured in Apple advertising campaigns” timed to the song’s release.
All Surface says it sent a cease-and-desist letter to the defendants in June, but no resolution was reached.
All Surface is seeking a share of the revenue and profits generated by ETA, along with an order barring further use of the song.
It alleges the infringement was willful and says it may elect statutory damages of up to USD $150,000, though the complaint puts no overall figure on the claim, leaving damages “to be established at trial.”
Representatives for HYBE did not immediately respond to MBW’s request for comment.
The filing follows a separate copyright lawsuit brought against NewJeans, HYBE and ADOR in the same California court in May.
In that case, four Los Angeles songwriters claimed the group’s 2024 single How Sweet was built from a demo they had submitted and been told would not be used.
The two complaints share a structure: both were filed in the Central District of California, and both name a brand partner over an advertising tie-in – Coca-Cola in the How Sweet case, Apple in the ETA case.
ADOR denied the How Sweet allegations, saying “no form of copying or infringement took place.”
The two suits land while NewJeans and ADOR remain entangled in a dispute of their own over the group’s future.
The five members moved to cut ties with ADOR in late 2024, after the label’s founding CEO, Min Hee-jin, was removed, and began performing as NJZ the following year.
They lost the ensuing court fight in South Korea and remain under contract to ADOR.
Three of the members – Hanni, Haerin and Hyein – have since returned to the label, while Minji has yet to decide.
Danielle, who was dropped from the group in December, will not return, and now faces further legal action from ADOR over her role in the attempted breakaway.
It is not the first time All Surface has gone to court over Samir’s Theme.
In 2024 the publisher sued Pitbull‘s label over the 2021 single I Feel Good, in a case that settled last year.Music Business Worldwide
NewJeans, along with their label ADOR and parent company HYBE, is facing a copyright infringement lawsuit in the United States for the second time in two months. The latest complaint involves « ETA, » a single from the group’s 2023 EP « Get Up. » The lawsuit was filed by New York music publisher All Surface Publishing in the US District Court for the Central District of California on July 7. All Surface alleges that « ETA » copied musical elements from « Samir’s Theme, » a 2005 Baltimore club track by producer DJ Debonair Samir, without proper licensing.
The complaint claims that « ETA » reproduced distinct musical features from « Samir’s Theme, » including a syncopated melodic horn line, a specific bass drum pattern, and a rhythmic structure characterized by sixteenth notes and rests. All Surface argues that the similarities between the two tracks are « strikingly and/or substantially similar, and indeed virtually identical. » Music critics had previously noted these resemblances upon the release of « Get Up, » with outlets like Pitchfork and Paste highlighting the borrowing of horn elements from « Samir’s Theme. »
« ETA » served as a title track for « Get Up, » which marked a significant milestone for NewJeans, as it achieved their first No. 1 on the Billboard 200 chart in 2023. The song reached No. 81 on the Billboard Hot 100 and No. 4 on the Billboard Global Excl. U.S. Songs chart, amassing over 470 million streams on Spotify.
The lawsuit names all five members of NewJeans—Minji, Hanni, Danielle, Haerin, and Hyein—as co-authors of « ETA. » It also includes various entities such as UMG Recordings, the creative agency BANA Entertainment, and publishers Sony Music Publishing, Concord Music Group, and Peermusic, among others. Additionally, the complaint claims that Apple, in collaboration with the other defendants, prominently featured « ETA » in advertising campaigns timed with the song’s release.
All Surface states that it sent a cease-and-desist letter to the defendants in June, but the matter could not be resolved amicably. The publisher is seeking a share of the revenue generated from « ETA » and an injunction against further use of the song. The lawsuit alleges that the infringement was willful, allowing All Surface to potentially claim statutory damages of up to $150,000, although no specific figure is provided in the complaint, leaving the total damages to be determined at trial.
HYBE representatives have yet to respond publicly to the claims. This filing follows a separate copyright lawsuit against NewJeans, HYBE, and ADOR filed in May 2023, where four Los Angeles songwriters accused the group of using a demo they had submitted for their 2024 single « How Sweet, » which the songwriters were told would not be used. Both lawsuits share similarities, as they were filed in the same California court and involve a brand partner in advertising—Coca-Cola in the « How Sweet » case and Apple in the « ETA » case.
ADOR has denied the allegations in the « How Sweet » lawsuit, asserting that no copying or infringement occurred. These legal challenges come at a time when NewJeans and ADOR are involved in their own disputes regarding the group’s future. The five members attempted to sever ties with ADOR in late 2024 following the removal of the label’s founding CEO, Min Hee-jin, and began performing as NJZ in 2025. However, they lost the subsequent court battle in South Korea and remain under contract with ADOR. Currently, three members—Hanni, Haerin, and Hyein—have returned to the label, while Minji is still undecided. Danielle, who was dropped from the group in December, faces further legal action from ADOR due to her attempts to break away.
This is not the first time All Surface Publishing has pursued legal action over « Samir’s Theme. » In 2024, the publisher sued Pitbull’s label over the 2021 single « I Feel Good, » which was settled last year. The ongoing legal issues surrounding NewJeans highlight the complexities of copyright in the music industry and the challenges artists and labels face in navigating creative inspiration and originality. The outcome of these lawsuits could have significant implications for NewJeans, their collaborators, and the broader music community.
