BTS’s song 'Swim', the lead track from their album 'Arirang', is now at the center of a copyright infringement lawsuit in the United States. On July 8, independent songwriters Steve Cooper, Jon Sandler, and Greylyn Johnson filed a complaint against HYBE, its American subsidiary HYBE America, and Big Hit Music, the agency representing the K-pop group. The lawsuit alleges that 'Swim' copies substantial parts of their unreleased demo, raising questions about the boundaries of musical originality in the globalized pop landscape.
The Plaintiffs’ Allegations
In their filing, the three plaintiffs assert that the similarities between their work and the BTS track are too pronounced to be mere coincidence. The complaint describes the resemblance as 'obvious and inescapable', and states that after repeated listening, the songwriters concluded that 'Swim' infringes on their copyrights. The unreleased demo, which remains unnamed in the lawsuit, was reportedly sent to executives at Artist Publishing Group, a Los Angeles-based independent music publisher and record label. According to the plaintiffs, these executives then shared the recording with the songwriters of 'Swim', effectively enabling the alleged plagiarism.
Notably, the individual members of BTS—Jung Kook, V, Jimin, Suga, RM, Jin, and J-Hope—are not named as defendants. The lawsuit targets only the corporate entities behind the production and distribution of the song. This is a common strategy in high-profile infringement cases, as it focuses on the entities that profit from the work rather than the artists themselves, who often have limited involvement in composition.
Big Hit’s Response
Big Hit has swiftly denied the allegations. In a statement quoted by The Korea Herald, the label called the lawsuit 'unilateral and unsubstantiated' and pledged to 'respond firmly through the appropriate legal process.' The company maintains that 'Swim' is an independent creation and has not provided further details about the song’s writing process. Legal experts note that proving copyright infringement requires showing both access to the original work and substantial similarity, two elements the plaintiffs must now establish in court.
Background on BTS and 'Swim'
BTS released 'Swim' in March as the lead track of their album 'Arirang', a record that blends traditional Korean elements with modern pop. The album marks a cultural pivot for the group, incorporating motifs from the iconic Korean folk song 'Arirang' while exploring themes of longing, unity, and national pride. The song itself features a synth-driven melody and layered vocals, characteristics that have become hallmarks of BTS’s recent work. The album debuted at number one on major charts in South Korea and also performed strongly internationally, reflecting the group’s enduring global appeal.
Following the album’s release, BTS kicked off a world tour in April, starting with concerts in Seoul. The tour has since expanded to include stops in North America, Europe, and Asia. In March 2027, the group is scheduled to perform two nights in Bulacan, Philippines, and they are also set to headline the iHeartRadio music festival in September. These events underscore the immense commercial significance of 'Swim', which could face legal risks if the lawsuit proceeds.
Copyright Issues in the K-Pop Industry
This lawsuit is not an isolated incident. The K-pop industry, known for its collaborative and often international songwriting sessions, has seen several copyright disputes over the years. For example, in 2020, the group BTS was accused of plagiarizing the song 'Pied Piper' from a Japanese artist, though the case was eventually dismissed. In another instance, the group’s hit 'Dynamite' was subject to a claim that it copied a 2017 track by a Jamaican producer, but no legal action was taken. These cases highlight the challenges of proving originality in a genre where producers frequently draw from a shared pool of melodic and rhythmic ideas.
Cooper, Sandler, and Johnson are not newcomers to the music industry. Steve Cooper is known for his work with pop and R&B artists, while Jon Sandler has written for several independent acts. Greylyn Johnson has a background in songwriting for television and film. Their unreleased demo, which they claim was sent to Artist Publishing Group, may have been intended for a larger project or a specific artist. The fact that the demo was not publicly released adds a layer of complexity to the case, as the plaintiffs must demonstrate that the songwriters of 'Swim' had actual access to their work.
Legal Analysis and Potential Outcomes
To win a copyright infringement case, a plaintiff must prove two elements: (1) that they own a valid copyright in the original work, and (2) that the alleged infringer copied protectable elements of that work. Access can be shown through direct evidence, such as emails or recordings demonstrating that the BTS songwriters heard the demo, or through indirect evidence, such as widespread distribution of the demo within industry circles. Substantial similarity is typically evaluated by an expert musicologist who compares the two compositions’ melody, harmony, rhythm, and lyrics.
In this case, the plaintiffs claim that the demo was shared with the 'Swim' songwriters via Artist Publishing Group. If the plaintiffs can provide documentation of this transfer—such as dated contracts or digital records—they may establish access. The comparison of the two songs will be critical. The complaint describes the copying as 'in very large part', though specific measures of similarity are not yet public. Judges often listen to the works side by side during hearings, and a preliminary injunction could be issued if the court finds that the copyright claim is likely to succeed.
Big Hit’s defense will likely focus on independent creation. The label may present evidence of the song’s development timeline, including drafts, recording sessions, and correspondence among the songwriters. They may also argue that any similarities are due to common musical conventions rather than copying. For example, the chord progression in 'Swim' might be similar to that of the demo, but if that progression is standard in pop music, it may not be protected by copyright. Another defense could be that the plaintiffs’ work was never fixed in a tangible medium of expression, or that the copyright registration is flawed.
Impact on BTS and the Music Industry
If the lawsuit advances, it could have significant repercussions for BTS and their label. A finding of infringement might require the group to cease performing 'Swim', recall albums, and pay damages. Even if Big Hit prevails, the litigation could tarnish the song’s reputation and create uncertainty around future releases. For the broader K-pop industry, the case may encourage more rigorous documentation of songwriting processes and inspire labels to conduct thorough clearing of samples and melodies. It also underscores the growing importance of intellectual property protection in a globalized market where music circulates rapidly across borders.
As of now, no court dates have been set, and the response from HYBE America is pending. The plaintiffs are seeking an injunction to stop further distribution of 'Swim' and monetary damages, including profits from the song. The music community will be watching closely, as the outcome could set a precedent for how unreleased demos are treated in copyright disputes involving international artists. Big Hit’s statement indicates a firm stance, but the case is in its early stages and further developments are expected in the coming months.
BTS fans, known as ARMY, have already taken to social media to defend the group, pointing to the band’s history of crediting influences and working with diverse songwriters. Some have noted that 'Swim' was written by a team of composers, including foreign producers, making direct copying unlikely. However, the legal process will proceed independently of public opinion. For now, the plaintiffs, defendants, and fans must wait for the judicial system to weigh the evidence.
This development adds a complex layer to BTS’s otherwise triumphant year, marked by record-breaking tours and cultural milestones. The 'Arirang' album was widely praised for its innovative fusion of East and West, and 'Swim' was celebrated as a standout track. The copyright claim, regardless of its merit, reminds the industry that even the most successful artists are not immune to legal scrutiny. As the case unfolds, it will serve as a key example of how copyright law adapts to the realities of modern music creation.
Source: MSN News