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Dua Lipa successfully dismissed a lawsuit that alleged she had copied her hit song "Levitating" from two other tracks.
In 2022, the celebrity faced legal action from songwriters L Russell Brown and Sandy Linzer, who alleged that she had copied elements from their 1979 disco song. Jostle and Chuckle Through the Night and 1980's Don Diablo .
On Thursday, U.S. District Judge Katherine Polk Failla determined that the songs shared only general similarities, encompassing uncopyrighted musical components that were also utilized by Mozart, Gilbert and Sullivan, as well as the Bee Gees in their track "Stayin'Alive."
This marks the second occasion that Lipa has emerged victorious in a plagiarism dispute regarding Levitating, the worldwide sensation from 2020.
She was formerly involved in legal action initiated by the Florida-based reggae group Artikal Sound System, who alleged that Lipa copied part of the chorus from their 2015 song. Live Your Life .
In 2023, their case was dismissed when a judge determined that there was insufficient proof of "access" to the prior track by Lipa and her collaborators, which is essential for pursuing a copyright infringement claim.
Nevertheless, she is still dealing with a third legal issue concerning the song, brought forth by musician Bosko Kante — the featured artist on "Levitating" who provided vocal contributions via a talk box.
He sued in 2023, stating that his input was utilized in remix versions of the track without authorization.
Kante is pursuing compensation of at least $2 million (£1.5 million), along with accrued interest, and also wants to claim the profits from the remixes, which he estimates to be no less than $20 million (£15 million).
https://www.youtube.com/watch?v=N000qglmmY0
Brown and Linzer's case alleged that Lipa stole the opening melody of Levitating, where she sings: " If you want to escape with me, I know of a galaxy and I could take you along for a journey. "
They described the melody and phrasing as a "copy" of their own music.
However, Jude Failla stated that these elements were too commonplace to warrant legal protection.
"As per the judgment, a music genre characterized by the plaintiffs as 'pop with a disco vibe' and a functional aspect described by the plaintiffs as serving purposes like 'entertainment and dancing' cannot be protected under copyright law," the judge stated.
Holding otherwise would effectively block all future advancements in that musical genre or for that specific use.
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Coincidentally, the decision was announced on the fifth anniversary of "Levitating," which first appeared as a track from Lipa’s acclaimed album "Future Nostalgia."
In a statement to the music industry publication Billboard, attorneys representing Brown and Linzer expressed their " respectful disagreement" with the ruling and announced plans to lodge an appeal.
The organization has reached out to Dua Lipa for a statement.
