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Rio de Janeiro:
British pop superstar Adele’s chartbuster “Million Years Ago” could be removed from all streaming services after a Brazilian court ordered the song be pulled worldwide over an ongoing plagiarism claim by Brazilian composer Toninho Geraes. Mr Geraes’s lawsuit claimed the English artist’s 2015 hit number bears nearly identical melodic elements to his song from 1995.
In his preliminary injunction in the plagiarism case on Friday, Judge Victor Torres of Rio de Janeiro’s 6th Commercial Court ordered Sony Music Entertainment and Universal Music to stop “immediately and globally, from using, reproducing, editing, distributing or commercializing the song ‘Million Years Ago’, by any modality, means, physical or digital support, streaming or sharing platform,” according to news agency AFP.
The injunction reportedly threatens the Brazilian subsidiaries of Sony Music Entertainment and Universal Music, Adele’s labels, with a fine of $8,000 “per act of non-compliance.” The music companies, however, can still appeal the decision.
Brazil is a signatory to the 1886 Berne Convention that agrees to international protection for copyrighted works.
Allegations Against Adele’s Song
Sixty-two-year-old Geraes claimed Ms Adele’s 2015 track plagiarized the music of his samba classic “Mulheres” (“Women”), recorded by famous Brazilian singer Martinho da Vila on a 1995 hit album. He is suing for lost royalties, $160,000 in moral damages, plus songwriting credit on Ms Adele’s track.
Initially filed earlier this year, the lawsuit came after Mr Geraes tried to amicably resolve the matter, seeking negotiation with Ms Adele’s team without success. Subsequently, he sought compensation for damages and reassertion of his rights over his work, along with any royalties from Ms Adele’s song.
Speaking to AFP, Mr Geraes’s lawyer Fredimio Trotta said, “It is a landmark for Brazilian music, which… has often been copied to compose successful international hits.”
He said the injunction should have a chilling effect on foreign singers and labels looking to rip off Brazilian tunes, and vowed to ensure that radio and television broadcasters, and streaming services around the world, are alerted to the Brazilian ruling within the week.
“International producers and artists who… have Brazilian music ‘on their radar’ for possible parasitic use will think twice, given this decision,” the lawyer said.
Sony Music Entertainment Brazil said it did “not have a statement at this time,” while Universal Music Brazil did not immediately respond to a request for comment.
“Million Years Ago” Controversy
Ms Adele was also accused by Turkish music fans of plagiarism in “Million Years Ago” back in 2015. They claimed its tune was similar to one in a 1985 song by a Kurdish singer, Ahmet Kaya, called “Acılara Tutunmak” (“Clinging to Pain”).
Kaya died in exile in France in 2000, and his widow said it was unlikely a global star like Adele would do such a thing.
