Childish Gambino Scores Legal Win As “This Is America” Lawsuit Backfires

BY Tallie Spencer
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Childish Gambino (aka Donald Glover) performs at Fiserv Forum in Milwaukee on Wednesday, Aug. 14, 2024.
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The case ultimately fell apart in court.

Childish Gambino has come out on top in a long-running legal dispute over his hit single “This Is America.” A federal court has ruled that rapper Kidd Wes must pay $286,475 in legal fees after losing his copyright infringement case against Gambino. The lawsuit, originally filed in 2021, claimed that “This Is America” copied elements from Wes’ own work, but the case ultimately fell apart in court.

At the center of the ruling was a key legal issue. Kidd Wes never registered a copyright for the musical composition he alleged was infringed upon. This is a required step under U.S. copyright law before filing a claim. Without that registration, the case lacked a valid legal foundation from the start.

The timing of the lawsuit also raised eyebrows. Wes filed the complaint three years after “This Is America” became a cultural phenomenon, dominating headlines, going viral, and earning multiple Grammy Awards. Judges reportedly viewed the delay with skepticism as the case progressed.

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Initially, a lower court considered awarding over $934,000 in attorney fees to Gambino’s side. However, the presiding judge reduced that amount to $286,475, noting that the lower figure would still serve as a deterrent against weak or unsupported lawsuits without being excessively punitive.

Kidd Wes later appealed the reduced judgment, arguing that the penalty was still too severe. That argument didn’t land. An appellate panel upheld the original decision, reinforcing that the case lacked merit and that the financial consequences were justified.

The court also pointed out that Wes had been warned about the missing copyright registration during the process, but chose to continue pursuing the lawsuit anyway.

With the ruling now affirmed, the case effectively closes the chapter on the dispute. This marks a decisive legal victory for Gambino. Thus, the lawsuit serves as a reminder of the importance of proper copyright protection before heading to court.

About The Author
@TallieSpencer is a music journalist based in Los Angeles, CA. She loves concerts, festivals, and traveling the world.

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