BTS “Swim” Plagiarism Allegations in the U.S. BigHit Music Says It’s an Independent Original Work, Vows a Firm Response

U.S. songwriters file a lawsuit against HYBE claiming their demo tracks were copied; BigHit Music says it is a “clear independent original work” and will respond with legal action.

The group BTS performing in Las Vegas, U.S. [Provided by BigHit Music. Redistribution and database use prohibited]
The group BTS performing in Las Vegas, U.S. [Provided by BigHit Music. Redistribution and database use prohibited]

Global pop heavyweight joins the fray as a copyright dispute between K-pop’s top acts takes center stage

BTS, a group at the top of the global pop scene, has hit an unexpected snag. A copyright infringement lawsuit has been filed in the United States over the title track “Swim” (SWIM) from their regular fifth album “Arirang.” Their agency, “BigHit Music,” immediately pushed back, calling the claims baseless, and warned that it will take a strong legal stance.

According to the U.S. music trade publication “Billboard,” a local team of three songwriters led by Steve Cooper—along with others—filed a complaint with the court on the 9th (local time), alleging that BTS’s “Swim” unlawfully borrowed their self-titled demo track. In the lawsuit they filed, not only top executives at labels including “HYBE” and “HYBE America,” as well as “BigHit Music,” but also acclaimed producer “Ryan Tedder” (OneRepublic), who participated in work on the song, are listed as defendants. However, the artists themselves—such as “RM,” who participated in the song’s performance and production—were left out of the lawsuit, leaving them with no direct hit.

The central argument advanced by the plaintiffs is so-called “access.” They say that starting in March of last year, they distributed demo audio to local music industry figures including the artist publishing group (APG). Through this supposed chain of connection, they are raising a hypothesis that the song made its way to the creative team behind “Swim.” They also put forward “Alexander Stewart,” a noted musicologist who has been active in famous copyright disputes over the centuries, such as those involving Ed Sheeran and Led Zeppelin. Stewart submitted to the court a firm view that “not only the hook part where the title repeats, but also the ‘similarities’ that are impossible to overlook—from the harmonic-structure framework to the rhythm and texture—exist,” labeling it a “copycat song.”

BigHit Music’s position, however, is firm. In an official statement on the 10th, it said, “The lawsuit in question is nothing more than the plaintiffs’ one-sided, baseless bickering,” adding that “Swim” is an “original creation” with no outside involvement. With the K-pop industry’s status at its highest point in the global pop market, there is also a view that such copyright disputes are a kind of rite of passage that top artists inevitably face. As increasingly intense legal arguments are expected going forward, the global music industry is watching closely to see which side the truth will ultimately favor.

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