A Brazilian judge has ordered a song by British pop superstar Adele, Million Years Ago (2015), be pulled worldwide – including on streaming services – over an ongoing plagiarism claim by a Brazilian composer.
The injunction threatens the Brazilian subsidiaries of Sony Music Entertainment and Universal Music, Adele’s labels, with a fine of US$8,000 (RM35,725) “per act of non-compliance”.
The music companies, however, can still appeal the decision.
The injunction was made by Judge Victor Torres on Dec 13, in Rio de Janeiro’s Sixth Commercial Court, pending further activity in the continuing plagiarism case.
His preliminary injunction, obtained by AFP on Dec 16, orders Sony Music Entertainment and Universal Music to stop “immediately and globally, from using, reproducing, editing, distributing or commercialising 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,” said Fredimio Trotta, lawyer for Brazilian composer Toninho Geraes who brought the plagiarism complaint.
Trotta said his firm this week will work to ensure radio and television broadcasters, and streaming services around the world, are alerted to the Brazilian ruling.
His client claims Adele’s 2015 song plagiarised the music of his samba classic Mulheres (Women), recorded by famous Brazilian singer Martinho da Vila on a 1995 hit album.
Geraes is suing for lost royalties, US$160,000 in moral damages, plus songwriting credit on Adele’s track.
Sony Music Entertainment 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 artistes who... have Brazilian music ‘on their radar’ for possible parasitic use will think twice, given this decision,” he added.
Adele, 36, 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 at age 43 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. – AFP
