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 https://vimeo.com/440443677) 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."
