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RnB 10/03/2023

H.E.R. And Co-Writers Of "Could've Been" Settle Action With Members Of 10x-Grammy Winning Take 6 For "Come Unto Me"

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H.E.R. And Co-Writers Of "Could've Been" Settle Action With Members Of 10x-Grammy Winning Take 6 For "Come Unto Me"
New York, NY (Top40 Charts) A copyright infringement claim (Case No. 7:22-cv-3175 in United States District Court Southern District of New York) that was filed by super-producer Mervyn Warren, co-publisher and arranger of "Come Unto Me"; Omerror Dawson, co-publisher and writer of "Come Unto Me"; and multi award-winning recording group Take 6 members Alvin Chea, Cedric Dent, Mark Kibble, Claude McKnight and David Thomas, against the artist H.E.R. and the co-writers of H.E.R.'s smash hit "Could've Been", has been settled.

Take 6's album "So Much To Say", on which "Come Unto Me" appeared, won their third GRAMMY of 10 wins, for Best Contemporary Soul Gospel Album. In addition to their numerous GRAMMY Awards, Take 6 has received 10 Dove Awards, a Soul Train Award, numerous honors, and they have been inducted into the Gospel Music Hall of Fame.

"Could've Been" sold over two million copies, appeared on two H.E.R. albums and was nominated for several awards. The near dozen defendants in the case were Dernst Emile II, Hue Wayne Strothers, Gabriella "H.E.R." Sarmiento, David A. Harris, Sony Sounds (a division of Sony Music Publishing (US) LLC, Sony Music Entertainment, EMI April Music Publishing ("Her Publishing"), Next Up Music Group, Tailored 4U Music, Universal Music Corporation ("UMG") and WC Music Corp.

A careful listen of the two songs, according to Take 6, shows the similarities, (See and led to the group filing the action.

Mervyn Warren commented, "I'm grateful that this matter has been settled, and I thank our friends, families, and fans who've stood with us and have encouraged us along the way."

Representing the plaintiffs was James Walker, Jr. of Atlanta-based Walker & Associates. Walker had no comment on the action only to state, "I'm just honored to represent such a legendary group as Take 6, Omerror Dawson and the incredible Mervyn Warren. Now they can get back to making great music that I have loved for over four decades."

Ed Keane, longtime manager of the R&B, jazz and gospel sextet, said, "Take 6 and I are pleased that we have been able to resolve this case and have no further comment. I would like to thank James L. Walker, Jr., his firm Walker & Associates, and the staff and team of lawyers, for their most capable and diligent work on this case. The group can now return to the studio and continue to record their next album which will be their unique renditions of transcendent jazz tunes."

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