Justin Timberlake and Will.i.am are facing a copyright suit over their song “Damn Girl,” released on Timberlake’s 2006 album, “Futuresex/Lovesounds.” Music publisher PK Music Performance Inc. claims that the 10-year-old song copies a 1969 disco track called, “A New Day is Here at Last,” written by Perry Kibble and performed by J.D. Davis. PK Music asserts that the two songs share similar hooks and melodies. The complaint states that, “a substantial part of the drum, conga drum, organ, bass guitar, electric quitter, and saxophone parts of ‘Damn Girl’ were all copied from ‘A New Day is Here at Last.’” Ultimately, the plaintiff claims that the two songs are strikingly similar. If the plaintiff can prove the songs are indeed strikingly similar, then the court may infer Timberlake had access to the song, even if the plaintiff has not presented evidence showing access.
According to the Hollywood Reporter, PK Music seeks damages and an injunction to stop Timberlake and Will.i.am from continuing to copy, distribute, and perform “Damn Girl.” The suit follows close on the heels of the controversial “Blurred Lines” case, involving Robin Thicke and Marvin Gaye’s heirs. To hear and compare the songs, listen to Timberlake’s here and Kibble’s here.