It’s been an excellent couple of weeks for well-known songwriters combating off lawsuits accusing them of copyright infringement. First Mariah Carey beat a long-running swimsuit accusing her of ripping off components of her enduring smash All I Need For Christmas Is You.
Now, information breaks that Dua Lipa has been victorious in one other landmark case, this time pertaining to her megahit, Levitating.
A federal decide in New York has dismissed a copyright infringement lawsuit towards the Warner Data-signed act, ruling that Levitating, launched in 2020, didn’t illegally copy a 1979 disco music.
In an opinion and order issued Thursday (March 27), U.S. District Choose Katherine Polk Failla granted abstract judgment in favor of Lipa and her co-defendants, discovering that the plaintiffs didn’t exhibit substantial similarity between protectable components of the works.
These co-defendants included all three main music corporations – as Sony Music Publishing (US) LLC; Common Music Company; and Warner Data Inc – plus Lipa’s Levitating co-writers, Clarence Espresso, Jr., Sarah Hudson, and Stephen Kozmeniuk.
The lawsuit, filed by Larball Publishing Firm and Sandy Linzer Productions, alleged that Levitating infringed on their copyrights for 2 songs: Wiggle and Giggle All Night time, a 1979 disco music recorded by Cory Daye, and Don Diablo, a 1980 music by Miguel Bosé that the plaintiffs had acquired rights to by means of a earlier infringement settlement.
(MBW has obtained Choose Failla’s order and you’ll learn it in full right here.)
Choose Finds No Protectable Similarity
Choose Failla decided that the musical phrase shared by Levitating and the plaintiffs’ works amounted to “5 groupings of repeated sixteenth notes descending on a B minor scale in Levitating however on a D main scale in Don Diablo“.
The court docket concluded that this descending scale, together with one extra be aware that plaintiffs argued created a “signature melody”, weren’t protectable underneath copyright regulation.
“The Court docket finally concludes that there may be no substantial similarity (and thus no copyright violation) as a matter of regulation, as a result of ‘the similarity between [the] works considerations solely non-copyrightable components of the [P]laintiff[s’] work,’” Choose Failla wrote.
Ed Sheeran Precedent Strengthened Lipa’s Case
The ruling closely relied on the Second Circuit’s latest resolution in Structured Asset Gross sales, LLC v. Sheeran, which seems to have been pivotal for Lipa’s protection.
That precedent-setting case, which Ed Sheeran received in November 2024, established that “primary musical constructing blocks like notes, rhythms, and chords are typically not copyrightable,” although a “work consisting of unprotectable components should still be protectable as an authentic ‘choice and association’ of these components.”
The Sheeran resolution supplied a strong authorized framework that immediately benefited Lipa’s protection, as Choose Failla explicitly cited it when rejecting the plaintiff’s claims {that a} descending scale plus one extra be aware might represent protectable expression.
Plaintiffs’ Arguments Rejected
The plaintiffs had tried to argue that extra components, together with the “patter fashion” of singing, the “pop with a disco really feel” musical fashion, tempo, and different traits made the mix protectable.
Nevertheless, the court docket rejected this concept, noting it had been launched too late within the proceedings and, extra importantly, that these extra components “lack enough originality alone, or as mixed” to be protectable underneath copyright regulation.
Choose Failla identified that a number of of the claimed components had been commonplace compositional components, with proof exhibiting the “patter fashion” has been used “for hundreds of years” in operas by Mozart and Rossini and operettas by Gilbert and Sullivan.
“Extra essentially, the Court docket finds {that a} musical fashion, outlined by Plaintiffs as ‘pop with a disco really feel,’ and a musical operate, outlined by Plaintiffs to incorporate ‘leisure and dancing,’ can not probably be protectable — alone or in tandem — as a result of to carry in any other case could be to utterly foreclose the additional growth of music in that style or for that objective,” the ruling said.
The court docket additionally dismissed the plaintiffs’ spinoff claims for declaratory aid and accounting, which they’d acknowledged could be rendered moot if the copyright infringement declare failed.
This lawsuit dismissal marks the conclusion of considered one of a number of authorized challenges Dua Lipa has confronted over Levitating.
In 2022, a band referred to as Artikal Sound System alleged that Levitating was “considerably comparable” to their observe Dwell Your Life.
That case was dismissed by a federal court docket decide who dominated that Artikal Sound System failed to supply proof that Levitating‘s creators had entry to their music.
In a separate ongoing case, producer Bosko Kante sued Lipa, WMG and producer Stephen Kozmeniuk in 2023, alleging {that a} talkbox recording he made was used with out permission on three remixes of Levitating.
In September 2024, Choose Hernan D. Vera of the U.S. District Court docket for the Central District of California denied a movement to dismiss that case, permitting it to proceed.
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