The Plagiarism lawsuit against BTS’s popular song Swim was filed in a California federal court in early July 2026, has raised a lot of concern among ARMYs. There’s nothing currently suggesting that Swim will be axed from any of the big streaming services at this time.
While the lawsuit has captured the attention of the music community at large, copyright decisions can take months or years to come to a closure. Until there is an explicit court ruling or a legal settlement, it seems listeners everywhere will be able to enjoy the song.
Why Was the Lawsuit Filed?
Three U.S. songwriters have filed a lawsuit alleging that BTS’ Swim stole a demo they had made prior to 2025. Prior to BTS’ creation of the song, the demo was presented to music industry executives via website disco.ac, the complaint states. The plaintiffs say there’s a sufficient similarity between the two songs for them to bring a copyright claim.
To bolster their argument, they also provided evidence that executives were listening to the demo before working together to put together the final version of Swim. They also engaged Alexander Stewart, a musicologist, who determined that the music used to make both songs should not be likely to have developed independently. But this opinion is proffered by the plaintiffs and is not accepted or considered by the court.
What Is HYBE’s Response?
The chaotic allegations have been rebutted by Big Hit Music which is the BTS management team. The company’s official response was that the lawsuit was based on a bad-faith claim made without support by Swim and that Swim is a totally original work created by Swim alone. In addition, HYBE has announced its determination to fight back in the legal action.
What is also important to take note of, is that none of the BTS members are named as defendants in this lawsuit. This case concerns HYBE Corp., HYBE America, Big Hit Music and some Western collaborators involved in the development of the song. RM is one of the writers of the song, but isn’t being sued himself.
Can Spotify or Apple Music Remove the Song?
When it comes to copyright issues, a lot of the time goes into a lawsuit, out goes the song. Usually, the content will remain on the service until a court order, a legally-enforceable settlement or a valid copyright takedown request is received and acted upon.
While it is not a final verdict in a legal battle, listeners are welcome to continue streaming the song as normal, as it is a subject of a civil lawsuit. The process serves copyright owners, consumers and lets the courts decide whether or not a copy has occurred.
What Is a Preliminary Injunction?
A few listeners have heard the now-familiar phrase “preliminary injunction” and are afraid it will strip their song from-streaming devices right away. Preliminary injunctions are injunctions that are intended to temporarily block certain activities until a final trial is completed. Rather, orders are issued by courts only in compliance with strict legal requirements.
However, in situations involving music copyright, securing such an injunction is not that common, given that the court takes great care in balancing the various rights of the music creator, the company and the public. If one is asked for, that doesn’t mean it’ll be granted by the court.
What Does “Disgorgement of Profits” Mean?
The other legal phrase commonly found in reports is “disgorgement of profits. This doesn’t mean that the song leaves streaming platforms of course. Rather, it applies to a possible financial solution where an author reinvests profits from a work in the courtroom if copyright proves to be infringed.
This kind of remedy is more about financial damages than on the one hand limiting access by the public to the music. At that time, if brought to court the court might decide on a result based on the evidence presented by each side of the case.
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Will the Lawsuit Affect BTS’ Upcoming Activities?
There is no evidence that the lawsuit will interrupt BTS’ promotion plans and performances. Despite the halftime clash that affected their performance schedule, the group are still working towards the 2026 FIFA World Cup Final Halftime Show and it is yet to be announced that there are changes to their performance programme.
Like most other entertainment litigation litigations, the resolve of legal proceedings will probably occur apart from the group’s work activities, until the event a future court ruling demands in any other case.
FAQs
Will BTS’ Swim get pulled from Spotify?
No. Thus, as of now, there are no orders by court to remove Swim from streaming platforms such as Spotify.
Is there a personal liability lawsuit against BTS members?
No. The lawsuit names HYBE, Big Hit Music, HYBE America, and some producers and collaborators. There are no names of BTS members on the defendants’ list.
Will the lawsuit affect the BTS’ FIFA World Cup Final Halftime Exhibition in 2026?
As of yet, it doesn’t appear as if the lawsuit will affect the date of BTS shows, with the 2026 FIFA World Cup Final Halftime Show being one of the shows slated for the date.
