Perry Kibble, best known as part of the funk band A Taste of Honey (1978 Grammy Award for Best New Artist), passed away back in 1999 and left the copyrights of his 1969 song “A New Day Is Here At Last” to Janis McQuinton, principal of PK Music Performance[1]. This license was renewed on January 17 of this year[2].
“Damn Girl” was co-written, co-produced and is performed by both Justin Timberlake (J.T) and Will.I.Am (Adams).[3]
McQuinton is suing J.T. and Adams for their 2006 collaboration “Damn Girl” found on Timberlake’s album, Futuresex/Lovesounds, alleging that it has copied “one of the most recognizable songs from the disco era.”[4] The complaint claims that there are “substantial” similarities in the “drum, conga drum, organ, bass guitar, electric guitar, and saxophone parts” between both songs. [5]
To listen to JT and Adams’ “Damn Girl,” click here.
To listen to Perry Kibble’s “A New Day is Here At Last,” click here.
Following the clear trend of musicians’ heirs suing contemporary artists for copyright infringement[6], McQuinton is seeking an undisclosed amount that includes “profits from the song… [and] attorney’s fees…” Additionally, McQuinton is asking the judge to not only demand Timberlake and Adams “hand[] over all known copies of the song to be destroyed by PK Music Performance,”[7] but also demand neither artist perform or distribute the song[8] because “they’ve already recorded it for Futuresex/Lovesounds, performed it in concert and featured the track on a DVD recording from a Madison Square Garden Show.”[9]
The media is still waiting for JT and Adams representatives to respond.[10]