Justin Timberlake and Will.I.Am (né Will Adams) are being sued for their collaborative work on the song “Damn Girl” which was featured on Timberlake’s 2006 album, Futuresex/Lovesounds, according to a lawsuit obtained by PEOPLE.
PK Music Performance group brought the suit against the musicians over the track “A New Day Is Here At Last,” describing it as “one of the most recognizable songs from the disco era,” adding that Timberlake and Adams’ music too closely imitates the song, which was originally copyrighted in 1969 by Perry Kibble, and performed by J.D. Davis.
According to the documents, PK Music Performance renewed the copyright license again in January, 17 years after Kibble died and handed off the rights to his sister Janis McQuinton – who is also the principal of PK Music Performance. She handed over the copyright to the company this past December.
“A substantial amount of the music in “Damn Girl” is copied from “A New Day Is Here At Last,” the lawsuit reads. “Specifically, a substantial part of the drum, conga drum, organ, bass guitar, electric quitter and saxophone parts in “Damn Girl,” were all copied from “A New Day Is Here At Last.”
In return for Timberlake and Adam’s performance of the song on the album, in concert, and on a DVD of recorded shows at Madison Square Garden, PK Music Performance is asking that no one in the singers’ camps distribute or publicly perform “Damn Girl.”
On top of that, the company wants an undisclosed amount that includes an “award for actual damages,” profits from the song, and attorney’s fees, as well as handing over all known copies of the song, to be destroyed by PK Music Performance.