The world of music is a complex web of creativity, collaboration, and, unfortunately, legal battles. The recent lawsuit filed against HYBE, the parent company of BTS, and its subsidiary Big Hit Music, has brought the spotlight on the intricate relationship between artists, songwriters, and the legal protections of their work. The case revolves around the BTS single 'SWIM', which has been accused of copying a song written by three US songwriters, Steve Cooper, Jon Sandler, and Greylyn Johnson.
The songwriters claim that 'SWIM' reproduces a demo they wrote and recorded in early 2025, titled 'SWIM'. They argue that BTS worked on their album 'Arirang' in Los Angeles in 2025, where they met with songwriters and producers to select material. The demo was sent to industry contacts, including the publisher Artist Publishing Group, and played for representatives at the publisher, according to the complaint.
What makes this case particularly intriguing is the involvement of a musicologist, Alexander Stewart, who compared the two songs and concluded that the independent creation of 'SWIM' is highly unlikely. Stewart's analysis suggests that copying is the only logical explanation, which has led to the lawsuit seeking an injunction against further use of 'SWIM', damages, and a share of the profits generated by the track.
This is not the first time HYBE has faced legal challenges. In May, four Los Angeles songwriters sued HYBE, ADOR, and NewJeans over the 2024 single 'How Sweet', claiming it was built from a demo they had submitted and been told would not be used. On Tuesday, New York publisher All Surface Publishing sued HYBE, ADOR, and NewJeans over the 2023 track 'ETA'. These cases highlight the ongoing tensions between artists, songwriters, and record labels, and the importance of protecting the rights of creators.
From my perspective, the 'SWIM' controversy raises deeper questions about the creative process in the music industry. It prompts discussions on the boundaries of inspiration and the potential consequences of crossing them. It also underscores the need for transparent and fair practices in the industry, ensuring that artists and songwriters receive the recognition and compensation they deserve. As the legal proceedings unfold, the music world awaits the outcome, which could set a precedent for how similar disputes are handled in the future.
