Justice orders D2 to include composer’s name in song; defense says credit was never withdrawn

Judge Jean Albert de Souza Saadi ordered the rapper and Universal Music Brasil to include, within ten days, the composer's artistic name in the credits of the music video and other publications of the re-recording of "Tataruê", under penalty of a daily fine of R$5,000.

The decision, however, is far from closing the case and exposes different versions of what motivated the action.

The case was filed by Geovana on May 13, the date on which the abolition of slavery was celebrated in Brazil. The artist maintains that her composition was re-recorded for the album "Manual Prático do Novo Samba Tradicional, Vol. 3", by Marcelo D2, without it being previously sought and without due recognition of its authorship.

In addition to the issue of credits, the action also discusses the alleged use of the work without authorization and other alleged copyright violations. These requests will still be analyzed by the Court.

The injunction represents the composer's first victory in the process, by provisionally guaranteeing that her artistic name will appear in the credits of the work while the merits of the action continue to be processed.

For Geovana, the discussion goes beyond the simple correction of information." I was surprised. It's a song that talks about my family, my ancestry and blackness. I have over 60 years of career and I felt robbed. Even the version is a copy of mine, same arrangement", she says.

The samba singer also said that the decision represents recognition of her trajectory "as a composer and as a black woman" and also a way of preserving the memory of artists who, according to her, often end up invisible.

The artist's representatives claim that they tried to resolve the impasse before going to court. Camilo Arabe, one of Geovana's producers, says that there were conversations with Universal, but that the proposal presented by the record company did not provide for adequate reparation. According to him, it would also not have been possible to open a dialogue channel with Marcelo D2.

D2 REBATTING DEFENSE

To Folha de S.Paulo, Marcelo D2's lawyer, Thiago Endrigo, states that both the singer and his defense learned about the decision through the press and that they have not yet been officially summoned. According to him, the main premise of the action - the absence of credits - does not correspond to what happened.

The defense states that Geovana was always identified as the author of the song, although she was initially listed in the credits using her civil name, and that this information had already been corrected to her artistic name even before the court decision.

Endrigo also says that the D2 team received formal authorization from Universal to record the track and that they have the document proving this authorization, sent to Folha de S.Paulo. According to the lawyer, the impasse arose later, when the record company itself reported that Geovana's representatives began to question the validity of this contract, claiming that it had expired.

The defense maintains that this is the true focus of the dispute and that Marcelo D2 ended up being turned into a "scapegoat" for a controversy between the composer and the record company.

Also according to the lawyer, there would be no interest on the part of the artist in omitting the authorship of the work, as the project brings together 32 re-recordings by samba artists admired by D2. He claims that royalties are being paid regularly and says that the singer has always demonstrated a willingness to meet the composer's requests.

"Marcelo is on Geovana's side. Credit must be maintained. If she understands that the song should go off the air, we will take it off. There is no opposition or use of the work", he stated. Meanwhile, the main action remains ongoing and it will be up to the Court to decide whether or not there was improper use of the composition and possible responsibility on the part of the record company and the musician.

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