Brazilian judge orders Adele song removed over plagiarism claim

Adele, winner of Best Pop Solo Performance for 'Easy on Me,' poses in the press room at the 65th annual Grammy Awards on Sunday, Feb. 5, 2023, in Los Angeles. (AP Photo/Jae C. Hong)

RIO DE JANEIRO — A judge in Rio de Janeiro has ordered the global removal of a 2015 song by British singer Adele due to a plagiarism claim by a Brazilian musician, which Universal Music is fighting on appeal.

The ruling, made public on Monday, came in a case filed this year by Toninho Geraes, whose compositions were made famous by some of Brazil's most acclaimed samba singers.

Geraes accused Adele of copying his song "Mulheres," a national hit since the 1990s. His lawyers uploaded to YouTube a comparison of that song and Adele's "Million Years Ago."

"The ruling shows that the Brazilian justice system is strong and that injuries to Brazilian artists won't be ignored," said Fredimio Biasotto Trotta, a lawyer for Geraes.

The decision orders Sony Music Entertainment and Universal Music to immediately cease "using, reproducing, editing, distributing, or commercializing" the song by any means on streaming or sharing platforms, without Geraes' consent. It set a fine of 50,000 reais (US$8,080.94) if the companies fail to comply with the order.

The Berne Convention, an international treaty, orders other signatory countries, including the U.S., to comply with legal decisions regarding copyright, Trotta said.

Geraes' lawyers are now notifying streaming services, such as Spotify and Deezer, to withdraw the song in Brazil and globally. On Wednesday morning, the song was still widely available.

Universal appealed the decision on Tuesday, arguing there was no plagiarism, only an "accidental melodic similarity" due to the use of "musical clichés."

Both Adele and Geraes have contracts with Universal, but the Brazilian musician has been trying to terminate his contract with the company due to his plagiarism claim, his lawyer said.

"I felt very disrespected," Geraes told Reuters. He is asking the courts for compensation of more than US$150,000.

Lawyers representing Universal Music declined to comment, and Sony Music did not immediately reply to a request for comment.

Geraes learned of the similarities between the two songs after a friend, who is also a composer, heard Adele's "Million Years Ago" at a party in 2021.

(Reporting by Luciana Magalhaes in Rio de Janeiro and Manuela Andreoni in Sao PauloEditing by Brad Haynes and Rod Nickel)