ReacttotheK, a popular Youtube channel run by classical musician Umu and famous for their "Classical Musicians React" series to K-Pop songs, also gave their 2 cents about the issue:
So if L&R JUST had claps on 2+4 or JUST the hi-hat, that wouldnt be plagerism(unless Cupid created those samples &didnt sell them).— ReacttotheK (@reacttothek) August 15, 2020
But it’s the fact that all 3 of those sample sounds AND rhythms from Cupid Shuffle are in L&R that Cupid has the right to ask @pledis17_STAFF for $
So now it’s just time for Pledis and Cupid to communicate with each other.— ReacttotheK (@reacttothek) August 15, 2020
Maybe the percussion samples they both used were purchased legally (or were free domain) and Left & Right happened to have an very similar groove to Cupid Shuffle in order to create a specific feel/vibe!
KPOP GROUP #seventeenで妄想 takes Cupid Shuffle & Cupid is taking action!— CUPID (@NEWCUPID) August 14, 2020
LEFT & RIGHT THINGY EXPLAINED— Kenna ✨ (@breadbabiee) August 15, 2020
From a Music School grad * a thread*
Copyright infringement is really messy and really confusing, even to those of us who have studied it and work with it on a daily basis. There's a ton to unpack here so here we go! #SEVENTEEN
The rest of the thread:
Based on his tweet, Cupid seems mostly concerned with the beat sample and pattern sounding all too similar. There have been some questions about what does "sample" mean so I'm gonna break it down!
There are two main types of samples people in the music business will refer to 1. A sample of a melody. You need a license and to pay a fee to use this and 2. A sample that is downloaded to a music program. Samples (2) like this are downloaded into a program like Logic or Ableton and then applied to make electronic sounds like drums or other electronic instruments. Because these live in universal programs, samples cannot be copywritten. After listening to them, I decided what sounds like happened is the producers for L&R used a similar (or the same) sample beat to create their own. But again there is nothing wrong w/ this bc sample beats cannot be copywritten. Albeit, the drum tracks do sound similar, there is enough difference (in my opinion) for this NOT TO BE copyright infringement. Because drum samples and patterns cannot be copywritten, the case is very weak. This is obviously not a thread going into musical analysis but is looking at the case solely from a business view. Many cases about drum loops have been brought forward but many end the same: there's enough originality to separate the two. Unfortunately, Cupid felt taken advantage of enough to make a claim (socially) and I don't want to discredit that. But looking simply at the business, it's going to be very tough to prove this case.
Source: @NEWCUPID (1, 2), @reacttothek (1, 2), @breadbabiee
The hardcore stans camping under his tweets... :/ Anyway, thoughts Omona?
EDIT: Included two new tweets from Umu + another thread from a Music degree holder. Thank you juhli for granting me permission!