By this point, any fan of music, or person looking for a distraction from the 2026 midterm elections has likely encountered the musical October surprise related to the October 1st filing of a copyright infringement claim in Los Angeles by Mattie Music Group against Capitol Records, Universal Music Group, Sony Music Publishing and Kobalt Music Publishing. The claim alleges that “I’ve Seen It” by Olivia Dean copies protected melodic expressions from “Just the Two of Us” by Grover Washington, Jr. feat. Bill Withers. Dean and her co-writers are not individually named defendants, and the complaint presents allegations. It is not a judicial finding.
Any fan of Hip Hop likely discovered Ralph MacDonald, before, or if not immediately after, “The Show” when Slick Rick announced “bust a move, we show and prove, a yo Doug, do that record “Jam on the Groove”,” before Doug E. Fresh emulated the percussive break co-written by Ralph MacDonald and William Salter. In many ways, “Jam on the Groove” is where the alleged intersection of “I’ve Seen It” and “Just the Two of Us” begins.
MacDonald and Salter made a name for themselves as musicians and writers in the 1970s, with “Where is the Love” by Roberta Flack & Donny Hathaway being one of the chestnuts in their songwriting catalog. By the late seventies, MacDonald was called on by saxophonist Grover Washington, Jr. to co-produce, Winelight, his tenth studio album (and second on Elektra Records). Whether you choose to attribute it to Donald Byrd and his work with the Blackbyrds or records like “Street Life” by the Crusaders, something was becoming more prevalent in the world of Jazz; records created through the fusion of Jazz instrumentalists with featured R&B vocalists.
At some point that year, Ralph MacDonald reached out to Bill Withers to ask if he would cut a vocal for a forthcoming demo he was working on for Grover Washington, Jr. As Withers stated, “I said, let me play with the words. I wasn’t the genesis, but I did what we used to call it when I was an aircraft mechanic, I did a little quality control on it.” In the end, “Just the Two of Us,” written by Ralph MacDonald, William Salter and Bill Withers became the second Jazz record released that year that featured vocals by Withers. The first was “Soul Shadows” by the Crusaders. Washington’s was, however, the record that would go on to win Best R&B Song in 1982, at the 24th Annual Grammy Awards.
“Just the Two of Us” lists three publishers, Bleunig Music, Antisia Music and BMG Ruby Songs, but only one has filed an infringement claim against “I’ve seen It” by Olivia Dean.” An eligible legal or beneficial owner of an exclusive copyright right can sue over infringement of that right, and every co-owner need not necessarily join the complaint.
Any fan of music is familiar with hearing echoes of earlier records.
Ample Samples™ helps clients review proposed uses, identify recording and composition rights, approach rights holders, negotiate terms and coordinate licenses. Sampling an existing recording and recreating an existing composition involve different permissions. A resemblance alone does not establish either. Which similarities reflect shared musical styling, and which, if any, involve protected expression?
Editorial note: This educational discussion takes no position on the claim’s merits or any party’s conduct. Allegations remain subject to adjudication; no outcome is presumed. This article is not legal advice.