Geraes alleges that the song plagiarized the music of his 1995 songMulheres(Women), which Brazilian artist Martinho da Vila sang on his albumTá Delícia, Tá Gostoso.
HighlightsA Brazilian judge has ordered Adele’s song ‘Million Years Ago’ to be removed globally due to plagiarism claims.Brazilian composer Toninho Geraes claims the song copies his 1995 samba track ‘Mulheres’.Geraes is seeking $160,000 and songwriting credits for the alleged plagiarism case.
The composer is suing for lost royalties and seeking $160,000 in moral damages. He also wants songwriting credits for the samba track, which he believes theHellosinger copied.
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A judge in Brazil has ordered a 2015 Adele song to be withdrawn from streaming platforms due to a plagiarism claim
Image credits:adele
“International producers and artists who … have Brazilian music ‘on their radar’ for possible parasitic use will think twice, given this decision.”
Judge Torres’s injunction threatens Sony and Universal, the singer’s labels, with an $8,000 fine “per act of non-compliance.”
The major music companies can, however, appeal the Judge’s decision.
Trotta said his firm would work to notify streaming services, radio, and television broadcasters of Judge Torres’ ruling.
Martinho da Vila, 86, is regarded as one of the main representatives of samba music and MPB (música popular brasileira, or Brazilian popular music), and is considered one of the top exponents of samba to have ever lived. Throughout his career, he has released over 40 studio albums.
The songMillion Years Agowas included onAdele’sthird studio album,25, which sold over three million copies in its first week in the US and earned her five Grammy awards, including Album of the Year.
Toninho Geraes processa oficialmente Adele por suposto plágio e pede R$ 1 milhão.
A cantora está sendo acusada de copiar a melodia de “Mulheres”, de Martinho da Vila, em “Million Years Ago”.pic.twitter.com/C6xLy90TeQ
— ACERVO (@AcervoCharts)June 19, 2024
On her 2015Adele at the BBCspecial,with Graham Norton, theperformersaid the song expressed the nostalgia that she felt for her pre-fame days.
“It has quite monumental moments of my life that I’ve spent there, and I drove past it and I just literally burst into tears. I really missed it, for no other reason than we’ve all got different things going on…”
The track was featured on the singer’s Grammy-winning album,25
Image credits:Adele
Reacting to a clip of the two songs, many netizens agreed that Adele’s and da Vila’s melodies sounded similar.
“I like Adele, but it’s obvious that the melody is the same. And for those who don’t know, Brazilian music has a lot of influence all over the world,” one user wrote.
“The melody is identical… I don’t know if it was intentional, but it’s the same,” another added.
“What are the chances that Adele knows who Toninho Geraes is?” a third wrote, referencing thecomposer.
A separate user said: “I just listened toMillion Years Ago, and it’s undeniable: it basically changes 1 note and the instrumental part. But the chorus is the same thing! Same notes and melodies.”
Brazil signed the Berne Convention, which agrees with international protection forcopyrighted works. Adopted in 1887, the convention is the primary international treaty governing copyright law.
To learn more about how copyright cases are handled,Bored Pandahas reached out toAndrew Leff, attorney andAssociate Professor in the Music Industry Department at the USC Thornton School of Music.
“The Berne Convention is an international treaty which governs the applicability of copyright in each member state,” Leff explained.
“It is mostly an administrative treaty that governs reciprocity (copyright in one member state must be recognized in all signatory states), copyright registration, rights that must be recognized (adaptations, public performance, reproduction, etc.), and moral rights.
“The generally accepted method for proving copyright infringement requires a two-part test.” the expert added. “Did the accused have access to the original song, and are the songs ‘substantially similar.’”
The British star said the song is about the places where she “spent a lot of [her] youth”
The “substantially similar” standard has become incredibly flexible over time, Leff notes. “It has proven quite vexing, and has been so diluted over the years (culminating in the chillingBlurred Linesdecision) that it is essentially a meaningless standard, subjectively determined, and not requiring any intent on the part of the infringer (‘subconscious plagiarism’).”
Blurred Lineswas at the center of a legal battle that lasted from 2013 to 2018. Marvin Gaye’s family sued the hit song’s creators, Robin Thicke and Pharrell Williams, accusing them of plagiarizing Gaye’s 1977 songGot To Give It Up.
Although the songs differed in melody and rhythm, a federal jury found that Thicke and Williams had committed copyright infringement. (The artists later settled the case for $5 million.)
The question of infringement has become diluted over the years and reduced to “the ear of the beholder,” explains Andrew Leff, Professor in the Music Industry Department
“I’m not certain what standards this judge in Brazil used to determine plagiarism, nor am I certain what jurisdictional limits exist for a unilateral determination in a single country.
“It is important to note that this is a preliminary injunction, which allows Adele’s label and publisher to appeal the decision before any enforcement.”
The professor believes Adele’s and Geraes’ case exemplifies how ambiguous copyright infringement laws “reduce the question of infringement to the ear of the beholder.”
Dr. E. Michael Harrington, a professor in music copyright and intellectual property matters at Berklee Online, believes that Geraes’ claim does not constitute a case of copyright infringement.
“I feel strongly that this is NOT an example of copyright infringement as original material has NOT been copied. Both songs use a well-known standard chord progression that is based on the ‘ascending series of 4ths.’ Chord progressions based on the ascending series of 4ths are common in many jazz and pop/rock songs, and can be traced back to Mozart, Bach and earlier,” the music copyright expert toldBored Panda.
Dr. Harrington further explained: “A judge in Country X generally doesnothave the authority to directly order the removal of an allegedly infringing work from streaming services in other Berne Convention countries. The judge’s jurisdiction is primarily limited to their own country.
“However, a court ruling in Country X finding infringement could have persuasive or indirect effects. For example: If a major platform like YouTube or Spotify is headquartered or has significant operations in Country X, a court order there might influence their global actions. A successful lawsuit in one country could encourage copyright holders to pursue similar actions in other jurisdictions.
He added: “International cooperation through organizations like WIPO (World Intellectual Property Organization) can facilitate dispute resolution.
“In essence, the Berne Convention establishes a framework for international copyright protection, but enforcement often requires navigating multiple legal systems. It also sets a minimum standard, so some countries may offer longer terms than the required minimums.”
Bored Pandahas contacted Adele’s representatives for comment.
Many people agreed that both songs sounded similar
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