A Brazilian judge has ordered a 2015 song by British vocal powerhouse Adele to be pulled worldwide over an ongoing plagiarism claim by Brazilian composer Toninho Geraes, reports the Guardian.
Judge Victor Torres of Rio de Janeiro’s 6th commercial court issued an injunction Friday pending further activity in the plagiarism case. The preliminary injunction, obtained by French news agency AFP on Monday, orders Sony and Universal, Adele’s labels, 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 also threatens the Brazilian subsidiaries of the labels with a fine of US$8,000 “per act of non-compliance” with the order. Sony Brazil said it did “not have a statement at this time” and Universal Music Brazil did not immediately respond to a request for comment from AFP.
“It is a landmark for Brazilian music,” Fredimio Torres, the lawyer representing Geraes, told AFP, saying that music from his country “has often been copied to compose successful international hits.” No decision has been made in the case, however, and the music companies can still appeal should the case not be decided in their favour.
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Trotta said he and his firm will work to ensure that streaming services, radio and television broadcasters around the world are aware of the injunction. Brazil is a signatory to the Berne Convention, the primary international treaty governing copyright law, as are 180 other states and territories worldwide, including the United Kingdom, where Adele is from.
Trotta praised the injunction, telling the AFP that it would have a chilling effect on international artists looking to steal from Brazilian music. “International producers and artists who … have Brazilian music on their radar for possible parasitic use will think twice, given this decision,” the lawyer said.
One of the most famous examples of an international artist plagiarising a Brazilian musician, albeit accidentally, is ‘70s pop star Rod Stewart’s hit “Do Ya Think I’m Sexy?” which lifted its chorus melody from the Jorge Ben song “Taj Mahal.” Stewart had heard the song during the Rio Carnival, lodging the melody in his head without any context as to where it came from. When Ben pointed out the similarities, Stewart wrote in his autobiography Rod, he immediately realised his mistake and “handed over the royalties.” A settlement was reached out of court.
