A Brazilian judge has ordered a song by British pop superstar Adele, Million Years Ago, be pulled worldwide – including on streaming services – over a continuing plagiarism claim by a Brazilian composer.
The injunction threatens the Brazilian subsidiaries of Sony and Universal, Adele’s labels, with a fine of $8,000 “per act of non-compliance”.
The music companies, however, can still appeal the decision.
The injunction was made by judge Victor Torres on Friday, in Rio de Janeiro’s sixth commercial court, pending further activity in the continuing plagiarism case.
His preliminary injunction, obtained on Monday by AFP, orders Sony and Universal to stop “immediately and globally, from using, reproducing, editing, distributing or commercializing the song Million Years Ago, by any modality, means, physical or digital support, streaming or sharing platform”.
“It is a landmark for Brazilian music, which … has often been copied to compose successful international hits,” Fredimio Trotta, the lawyer for Brazilian composer Toninho Geraes, who brought the plagiarism complaint, told AFP.
Trotta said his firm this week would work to ensure that radio and television broadcasters, and streaming services around the world, are alerted to the Brazilian ruling.
His client Geraes claims Adele’s 2015 song plagiarized the music of his samba classic Mulheres (Women), recorded by Brazilian singer Martinho da Vila on a 1995 hit album.
Geraes is suing for lost royalties, $160,000 in moral damages, plus songwriting credit on Adele’s track.
Sony Brazil said it did “not have a statement at this time”, while Universal Music Brazil did not immediately respond to a request for comment.
Trotta said the injunction should have a chilling effect on foreign singers and labels looking to rip off Brazilian tunes.
“International producers and artists who … have Brazilian music ‘on their radar’ for possible parasitic use will think twice, given this decision,” the lawyer said.
Adele was also accused by Turkish music fans of plagiarism in Million Years Ago in 2015. They claimed its tune was similar to one in a 1985 song by a Kurdish singer, Ahmet Kaya, called Acilara Tutunmak (Clinging to Pain).
Kaya died in exile in France in 2000, and his widow said it was unlikely a global star like Adele would do such a thing.
Brazil is a signatory to the 1886 Berne convention that agrees international protection for copyrighted works.
Source: theguardian.com
