(CelebrityAccess) – Grammy-winning group Take 6 filed a copyright infringement lawsuit this week in connection with H.E.R.’s song, “Could’ve Been” featuring Bryson Tiller. This isn’t the first copyright suit the singer has faced and comes less than a year after H.E.R., Justin Love, and Darhyl “DJ” Camper, settled a lawsuit with Andre Sims over the song “Focus”.
According to the Take 6 legal representative, James L. Walker, Jr., “If you listen to the two songs, you can clearly hear that it appears that a sample was taken from Take 6’s song, “Come Unto Me.” “If this is true, we demand that the album be pulled down and the label freeze any royalties in connection with this album, as we now have yet another claim of infringement on the same “Focus” album we discussed prior,” said Walker.
A Vimeo video clearly shows a DJ/Producer listening to Take 6’s song as he takes that sample and rolls it right into the H.E.R. / Bryson Tiller collaboration. does seem to show the sample is clearly used.
Take 6 (Claude McKnight, Mark Kibble, Joel Kibble, Dave Thomas, Alvin Chea and Khristian Dentley, as well as original members Mervyn Warren and Cedric Dent) have amassed ten Grammy Awards, ten Dove Awards, a Soul Train Award and a Gospel Music Hall of Fame induction, throughout their career.
Musicologist and super producer Kevin Bond reviewed the two songs and concluded, “It appears very clear to me that the two songs are very similar. It is obvious that someone lifted the Take 6 sample and must be held accountable.”
The songwriters listed for “Could’ve Been” include Dernst “Dmile” Emile II, Hue Strother and David “Swagg” Harris amongst others.
The song “Could’ve Been” was recorded by artist H.E.R. (Gabriella Wilson) and released by Sony Entertainment. It was nominated for Best Collaboration at the BET Awards (2019) and for Best R&B Song / Best R&B Performance at the 62nd Annual Grammy Awards.
A copy of the complaint is posted on the Walker & Associates website.