- **Q: What was the lawsuit about?
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Music / Copyright
Dua Lipa Wins Another Copyright Lawsuit Over Hit Song 'Levitating'
Dua Lipa has secured another legal victory regarding her global hit single 'Levitating'. A US judge dismissed a copyright infringement lawsuit, adding to a previous win but leaving one related case still pending.
Key Insights
- **Lawsuit Dismissed:** A lawsuit filed in 2022 by songwriters L Russell Brown and Sandy Linzer, alleging 'Levitating' copied their 1979 track 'Wiggle and Giggle All Night' and 1980's 'Don Diablo', has been dismissed.
- **Judge's Reasoning:** US Judge Katherine Polk Failla ruled that the alleged similarities involved generic musical elements (like a specific melody and 'pop with a disco feel') that are too common to be protected by copyright law. The judge noted these elements have appeared in works by Mozart, the Bee Gees, and others.
- **Ed Sheeran Precedent:** The ruling referenced Ed Sheeran's 2023 legal victory over 'Thinking Out Loud', reinforcing the principle that basic musical building blocks are not typically copyrightable.
- **Why This Matters:** This ruling highlights the difficulty in copyrighting common musical phrases or styles, potentially preventing overly broad claims that could stifle creativity in popular music genres.
- **Not Over Yet:** While this specific case is dismissed (pending appeal), Lipa still faces a third lawsuit over 'Levitating' from musician Bosko Kante regarding the use of his talk box contribution on remixes.
In-Depth Analysis
The lawsuit brought by L Russell Brown and Sandy Linzer centered on the claim that the opening melody of 'Levitating' (where Lipa sings, *"If you wanna run away with me..."*) was a 'duplicate' of melodies in their songs 'Wiggle and Giggle All Night' and 'Don Diablo'.
However, Judge Katherine Polk Failla found these elements lacked the originality required for copyright protection. She explicitly stated that protecting a musical style ('pop with a disco feel') or function ('entertainment and dancing') would 'completely foreclose the further development of music in that genre'. This echoes the sentiment from Ed Sheeran's recent case, establishing a clearer boundary on what constitutes copyrightable material in music composition.
This isn't the first time 'Levitating' has faced legal scrutiny. In 2023, a case brought by the reggae band Artikal Sound System was dropped after they failed to prove Lipa and her team had access to their earlier song 'Live Your Life' – a critical component in proving copyright infringement.
Despite these victories, a legal challenge remains. Musician Bosko Kante, who contributed talk box vocals to the original track, sued Lipa in 2023, alleging his work was used without permission on subsequent remixes. Kante is seeking significant damages and a share of the profits from these remixes, estimated to be over $20 million. This ongoing case focuses on contractual rights and permissions rather than melodic similarity.
FAQ
- **Q: Why was the case dismissed?
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- **Q: Has 'Levitating' faced other lawsuits?
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Takeaways
- **Common Elements Aren't Copyrightable:** Basic musical building blocks, common melodies, or genre styles are generally not protected by copyright.
- **Access Matters:** Proving that a songwriter had access to the allegedly copied work is often crucial in copyright infringement cases.
- **Legal Battles Continue:** Even with this win, Dua Lipa's legal matters concerning 'Levitating' aren't fully resolved due to the ongoing case about remix permissions.
Discussion
The line between inspiration and infringement in music can be blurry. What are your thoughts on copyright law regarding common musical elements?
*Share this article with others who need to stay ahead of trends in music and copyright!*
Sources
BBC News: Dua Lipa wins copyright lawsuit over Levitating
The Times: Dua Lipa wins copyright case over melodies from 1970s disco track (Note: Paywalled)
The Independent: Dua Lipa wins copyright lawsuit over ‘Levitating’ after judge cites Ed Sheeran precedent
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