Will.i.am (Will Adams) and Justin Timberlake's 2006 track, "Damn Girl," is being accused of sounding too much like J.C. Davis' "A New Day Here at Last."
ET obtained the lawsuit filed on Wednesday by PK Music Performance that claims Davis' tune, which was written by Perry Kibble in 1969, is "one of the most recognizable songs from the disco era," and that a "substantial amount of the music in 'Damn Girl' is copied" from the hit. The song first appeared on Timberlake's second solo studio album, Futuresex/Lovesounds.
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The document goes on to allege that "specifically, a substantial part of the drum, conga drum, organ, bass guitar, electric quitter and saxophone parts in 'Damn Girl,' were all copied from 'A New Day Is Here At Last.'"
After Kibble died in 1999, his sister, Janis McQuinton, got the rights to her brother's song and on Dec. 2, 2015, assigned “100 percent of her ownership” of the song over to PK Music Performance, where she acts as a principal. The company registered the song again on Jan. 11, 2016. "No one ever contacted Janis McQuinton or plaintiff for permission to copy or otherwise use 'A New Day Is Here At Last' in 'Damn Girl,'" the lawsuit reads.
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The company is seeking an undisclosed amount in "award for actual damages," lawyer fees and profits from "Damn Girl." They are also asking that the musicians not publicly perform or distribute the song, since they've already recorded it for Futuresex/Lovesounds, performed it in concert and featured the track on a DVD recording from a Madison Square Garden show.
The lawsuit further insists that the "defendants were reckless, willfully blind, and/or willfully reproduced" the 1969 song without authorization.
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