Dua Lipa has secured a major legal victory, with a U.S. judge dismissing a lawsuit that accused her of plagiarizing her chart-topping single “Levitating” from two older songs. The lawsuit was initially brought forth in 2022 by songwriters L. Russell Brown and Sandy Linzer, who claimed that Lipa copied elements from their 1979 disco track “Wiggle and Giggle All Night” and the 1980 song “Don Diablo.”
On Thursday, U.S. District Judge Katherine Polk Failla determined that any perceived similarities between the songs were generic, rooted in musical elements that are not eligible for copyright protection. The judge cited that such elements have been widely utilized by notable composers and artists over the years, including Mozart, Gilbert and Sullivan, and the Bee Gees in their classic hit “Stayin’ Alive.”
This ruling marks Lipa's second triumph in a series of legal battles surrounding “Levitating.” Previously, she faced a lawsuit from the Florida reggae group Artikal Sound System, asserting that the chorus of their 2015 song “Live Your Life” was infringed upon in Lipa's work. That case was dismissed in early 2023, due to a lack of evidence demonstrating that Lipa and her collaborators had access to the earlier track—a critical factor in copyright cases.
However, a third lawsuit persists, filed by musician Bosko Kante, who contributed vocals to “Levitating” through a talk box. Kante claims that his contributions were utilized in remixes of the song without his consent and is seeking damages of at least $2 million as well as a share of profits from the remixes, estimated at around $20 million.
The lawsuit by Brown and Linzer contended that the opening melody and phrasing of “Levitating” were direct copies of their music. But Judge Failla asserted that these musical facets were too commonplace to garner legal protection. “The court finds that a musical style... cannot possibly be protectable,” she stated. “To hold otherwise would be to completely foreclose the further development of music in that genre or for that purpose.”
Interestingly, the verdict coincided with the fifth anniversary of the song’s release as part of Lipa’s acclaimed album “Future Nostalgia.” Following the ruling, attorneys for Brown and Linzer expressed their disagreement with the decision and indicated plans to appeal. The BBC has reached out to Dua Lipa for comment regarding this latest legal victory.
On Thursday, U.S. District Judge Katherine Polk Failla determined that any perceived similarities between the songs were generic, rooted in musical elements that are not eligible for copyright protection. The judge cited that such elements have been widely utilized by notable composers and artists over the years, including Mozart, Gilbert and Sullivan, and the Bee Gees in their classic hit “Stayin’ Alive.”
This ruling marks Lipa's second triumph in a series of legal battles surrounding “Levitating.” Previously, she faced a lawsuit from the Florida reggae group Artikal Sound System, asserting that the chorus of their 2015 song “Live Your Life” was infringed upon in Lipa's work. That case was dismissed in early 2023, due to a lack of evidence demonstrating that Lipa and her collaborators had access to the earlier track—a critical factor in copyright cases.
However, a third lawsuit persists, filed by musician Bosko Kante, who contributed vocals to “Levitating” through a talk box. Kante claims that his contributions were utilized in remixes of the song without his consent and is seeking damages of at least $2 million as well as a share of profits from the remixes, estimated at around $20 million.
The lawsuit by Brown and Linzer contended that the opening melody and phrasing of “Levitating” were direct copies of their music. But Judge Failla asserted that these musical facets were too commonplace to garner legal protection. “The court finds that a musical style... cannot possibly be protectable,” she stated. “To hold otherwise would be to completely foreclose the further development of music in that genre or for that purpose.”
Interestingly, the verdict coincided with the fifth anniversary of the song’s release as part of Lipa’s acclaimed album “Future Nostalgia.” Following the ruling, attorneys for Brown and Linzer expressed their disagreement with the decision and indicated plans to appeal. The BBC has reached out to Dua Lipa for comment regarding this latest legal victory.
