Once again, H.E.R. is back in court after almost a year since settling a previous copyright lawsuit for the hit single “Focus.” The California artist is faced with yet another lawsuit, this time for her song “Could’ve Been” featuring artist Bryson Tiller from her debut album.
H.E.R Faced With Lawsuit
Grammy-winning singer H.E.R is back in the courts with another copyright lawsuit. The first suit was filed by songwriter and piano maestro Andre Sims, claiming the song, “Focus,” on H.E.R’s debut album sounded similar to his smash hit “Endless Minds.”
Now, Grammy-winning group Take 6 is claiming the songwriter-producer sampled their music without permission or compensation. The song in question – “Could’ve Been” – was featured on H.E.R’s debut self-titled album.
The multi-count lawsuit named David A. Harris, David A. Harris d/b/a Progressive 86, Jeff Robinson d/b/a SLIH Songs, Sony ATV Sounds, LLC, and Sony Music Entertainment Inc. for copyright claims.
Attorney James L. Walker, Jr., lead counsel on the case on behalf of Take 6, described the group’s history in music and demanded restitution for the alleged sampling of the group’s hit song “Come Unto Me.”
“This is one of the most iconic groups in the history of music. If you listen to the two songs, you can clearly hear that it appears that a sample was taken from Take 6’s “Come Unto Me. Said walker
“Could’ve Been” went 2x Platinum and was also nominated for Best Collaboration at the BET Awards 2019 and Best R&B Song as well as Best R&B Performance at the 62nd Annual Grammy Awards.
Attorney James L. Walker went on to explain the demanding request of concluding the lawsuit.
“If this is true, we demand that the album be pulled down and the label freeze any royalties in connection with this album, as we now have yet another claim of infringement on the same “Focus” album we discussed prior,” said Walker.
The Lawsuit Against H.E.R Continues
To wrap up their lawsuit claims, Walker concluded his statement by adding a professional Musicologist and super-producer Kevin Bond to review and investigate the sampling, adding the sample of “Come Unto Me” was never approved or sought out to be used by H.E.R. and her team.
“We have been forced to prepare a complaint and file suit, as we cannot get substantive answers and documents to show this was approved,” said Attorney Walker. Bond added,
“It appears very clear to me that the two songs are very similar. It is obvious that someone lifted the Take 6 sample and must be held accountable.”
Recognizing Take 6
Described by Quincy Jones as the “baddest vocal cats on the planet!’ Take 6 is a contemporary gospel group that includes members Claude McKnight, Mark Kibble, Joel Kibble, Dave Thomas, Alvin Chea, and Khristian Dentley, as well as original members Mervyn Warren and Cedric Dent. The group has performed with and won praise from megastars such as Ray Charles, Stevie Wonder, Brian Wilson, Ella Fitzgerald, and Whitney Houston, among many more.
With ten Grammy Awards, ten Dove Awards, a Soul Train Award and a Gospel Music Hall of Fame induction, among other countless accomplishments, Take 6 has headlined some of the greatest concert stages and festivals in the world from Japan, Australia, South America,to Canada and all around the U.S.
Lawsuits On Lawsuits
H.E.R isn’t the only female artist catching flack due to copyright issues, Dancehall artist Shenseea and her label, Interscope Records, was hit with a $10 million copyright lawsuit for her hit single, “Lick”. The song is on her new album Alpha and features Megan Thee Stallion.