DJ Alok wins lawsuit in which he was accused of plagiarism

DJ Alok wins lawsuit in which he was accused of plagiarism

In February 2024, Brazilian DJ Alok won a lawsuit against Kevin Brauer, of DJ duo Sevenn, in a copyright dispute involving the song “Un Ratito”. In the case, the sentence, handed down by Judge Regis de Castilho Barbosa Filho of the 41st Civil Court of the District of São Paulo, recognized Alok as one of the creators of the work, legitimizing the recording, publication, and marketing of the track by him and the company that manages his work.

The lawsuit was filed in 2022 by musician Kevin Brauer, from DJ duo Sevenn, claiming that Alok had plagiarized one of his songs. The plaintiff asked Alok to refrain from using the melodies that, in theory, made up the original work “Let’s Make Love (nananana)” in the new and derivative work “Un Ratito”, as well as the obligation to stop making the latter available on all streaming platforms. In fact, just 10 days after the music video was released on the YouTube platform, it was taken down, on the grounds of copyright infringement by Kevin Brauer.

According to Alok, the song “Un Ratito” is an adaptation of the work “nananana Un Ratito”, composed exclusively by him. He also argued that, even if it is thought that Alok was not the sole composer of the original work, the musician Kevin Brauer had expressly authorized the adaptation and recording of the work with the new arrangements. At the same time, Alok filed a declaratory action against Brauer to have his authorship of the song “Un Ratito” declared in court, also asking the musician to refrain from any act that would prevent the song from being released.

Thus, in the judgment, which ruled on both lawsuits, the judge recognized Alok’s lawful conduct, since Brauer had consented to the broadcast of the work through messages exchanged. According to the decision, even if it is thought that Alok was not the sole composer of the original work, it is clear from the transcripts of the conversations between the parties that Kevin Brauer expressly granted permission to adapt, transform and record the work with new arrangements, which were carried out together with other authors, who became co-authors of the derivative work, under the terms of article 5, item VIII, paragraph “g”, of the Copyright Law (LDA).

Here, the magistrate also pointed out that, according to art. 32 of the LDA, the prior consent of the co-authors is required for the publication of a co-authored work. However, §1 of the provision makes the exception that, in the event of a disagreement, the co-authors shall decide by majority vote, which occurred in the specific case, since all the co-authors, with the exception of Kevin Brauer, who remained inactive, authorized the broadcast of the work “Un Ratito”.

The sentence ordered Brauer to pay R$20,000 to the singer as compensation for moral damages. According to judge Regis de Castilho Barbosa, Brauer’s “notoriously contradictory behavior undoubtedly affected Alok’s right to his image”. In addition, he was ordered to refrain from taking any action that would hinder the broadcasting of the work “Un Ratito” on digital platforms, under penalty of a daily fine of R$1,000.00. In a note sent to the press, Alok said that he will donate the amount of the compensation to help the victims of the floods in Rio Grande do Sul, Brazil.

The judgement can be accessed via the link: Processo nº 1006144-95.2022.8.26.0100

Note: For quick release, this English version is provided by automated translation without human review.