There was always something instantly recognizable about the opening seconds of NewJeansETA. The horns come first. Loud, clipped and insistent, they cut through the song before the vocals have a chance to settle in. Beneath them, the drums move with the restless energy of Baltimore clubs. That’s one of the reasons “ETA” stood out on the group’s “Get Up” EP, even among a string of songs that helped turn NewJeans into one of the biggest pop acts in the world.
As first reported by Notice boardthose horns are at the center of a lawsuit, as All Surface Publishing has filed a copyright infringement complaint claiming that “ETA” copied elements from a song titled “Samir’s theme“, a 2005 track by Baltimore producer DJ Debonair Samir. The lawsuit names the NewJeans members, their record label, parent company HYBE, and several people and companies involved in the song’s creation and distribution. The claims are still allegations and have not been determined by a court.
According to the complaint, the similarities extend beyond a single sound, as All Surface claims that “ETA” uses a combination of syncopated melodic horns, bass drums and rhythmic structures that are essentially similar to the previous track. The allegation is striking because the connection between the two songs was never exactly hidden from public discussion.
When “ETA” was released in 2023, critics immediately heard “Samir’s Theme” in it. It was such an open secret that various outlets even described the song in connection with its Baltimore club sound, while some went further and described its blaring horns as coming from the 21st century club song. “ETA” itself has long been characterized by its choppy air horns and fast-moving drum breaks. That does not in itself answer the legal question.
Dance music has always been built through circulation, as a drum pattern moves from one city to another. A sample is hacked, pitched and recontextualized. A local club sound becomes a global pop language. The Baltimore club, the Jersey club, the jungle, the garage, and the house have all grown through this kind of musical conversation. NewJeans were particularly effective at bringing these conversations to pop.
At a time when much of mainstream k-pop was still built around maximalism and dramatic structural changes, NewJeans went in the opposite direction. Their songs were softer and more economical, as they drew from British garage, Baltimore club, Jersey club and other dance traditions, then compressed these influences into elegant pop songs that rarely outstayed their welcome. “ETA” was one of the clearest examples: two and a half minutes of air horns, jittery percussion and melodic restraint.
Copyright disputes often involve issues of ownership, access and protectable expression, where a genre cannot be protected by copyright, nor can a general mood or style of production. But a sufficiently original combination of musical elements can be protected, and All Surface claims that the combination heard in “ETA” crosses that line.
What do you think of the NewJeans ETA? Does that sound like Samir’s theme? Let us know on (formerly Twitter) @ ThePlayerLounge!
