Dua Lipa got a legal victory In a copyright action over her 2020 Smash “Levitating” after a judge dismissed the case.
Lipa originally met with A pair of “levitating” copyright moods In March 2022, one from the Florida Reggae group appointed Art Artical Sound System, which was dismissed in June 2023 and another from L. Russell Brown and Sandy Linzer. Judge Katherine Polk Faille dismissed the latter earlier today in the New York Court and explained that the communities between songs were not protected according to copyright.
In his first suit, Brown and Linzer accused Lipa of copied both his 1979 -song “Wiggle and Giggle All Night” and the 1980 song “Don Diablo”, two tracks from the disco. They stated that the opening melody for “levitating” was a “duplicate” of the melody to her songs and claimed that Lipa herself had “admitted that she deliberately emulated earlier eras” in the press and “took inspiration” to create a “retro” sound.
But the judge in today’s decision concluded that the requirement for intrusion into copyright failed because it was a falling scale that is common in all three songs that had a further note in “Levitating.” The judge quoted the structured asset sales, LLC v. Ed Sheeran Case – a copyright suit that Sheeran won in 2023 over claims that he copied Marvin Gayes “Let us get it on” – as before, to say that “a chord progression and harmonious rhythm, in combination, could not be the protective expression under the copyright.
The judge noted that the court agreed with the plaintiffs that a “play person” could hear similarities between the songs, but that “there can be no significant similarities (and thus no copyright violation) as a matter of law, since” the similarity between (they) works only non-copyable elements in (p) Laintification (s “) works.”
Jason T. Brown, a lawyer for Linzer and Brown, said in a statement to Amount that they “respectfully disagree” the court’s decision and intend to appeal. “Even the defense expert admitted that people can hear the similarities between Don Diablo and Levitating,” he said. “But according to the latest trial – including the structured asset sales against the Sheeran decision – courts have become increasingly focused on what can be dissected and filtered out on paper, rather than what is felt through the music itself. There is a growing link between how these cases are determined – by being academic to analyze how to act. jury should hear and judge. ”
Representatives of Lipa did not immediately respond to AmountRequest for comment.
Lipa is still facing a separate copyright measure regarding “levitating”, as producer Bosko Kante sued her in 2023 for using a talk box recording without permission on the track Remix.
