Dua Lipa has successfully defended herself against a copyright infringement lawsuit over her hit song “Levitating.” In a ruling issued on March 27, U.S. District Judge Katherine Polk Failla dismissed the lawsuit filed by songwriters L. Russell Brown and Sandy Linzer, who claimed the song had plagiarized elements from their 1979 track “Wiggle and Giggle All Night.” The lawsuit also alleged similarities to the 1980 song “Don Diablo” by Miguel Bosé, to which Brown and Linzer also hold the copyright.
The case, which has attracted significant attention, revolved around claims that Lipa’s song bore striking resemblances to the plaintiffs’ works, particularly the opening melody. However, in her ruling, Judge Failla found that there was insufficient “substantial similarity” between “Levitating” and the two earlier tracks, effectively clearing the pop star of any wrongdoing.
Court Dismisses Lawsuit Over Lack of Substantial Similarity
In her decision, Judge Failla referenced a ruling from a previous case involving Ed Sheeran, in which Sheeran was cleared of accusations that his song “Shape of You” had copied Marvin Gaye’s “Let’s Get It On.” The judge emphasized that there were numerous musical influences at play in both “Levitating” and “Wiggle and Giggle All Night,” including references to classical composers like Wolfgang Mozart, Gilbert and Sullivan, and Gioachino Rossini, as well as the Bee Gees’ iconic 1977 hit “Stayin’ Alive.”
The ruling specifically addressed the plaintiffs’ claim that “Levitating” shared a “pop with a disco feel” with “Wiggle and Giggle All Night.” The court found that the combination of a particular musical style and function—designed to entertain and get people to dance—was not enough to claim ownership of such a broad genre. Judge Failla wrote that allowing such a claim would “completely foreclose the further development of music in that genre or for that purpose,” emphasizing the need for music to evolve and grow.
Plaintiffs Express Disagreement with the Court’s Decision
Despite the dismissal of the lawsuit, Brown and Linzer have expressed their intention to appeal the decision. Their lawyer, Jason T. Brown, told PEOPLE that the plaintiffs “respectfully disagree” with the court’s ruling and remain committed to defending the value of original songwriting. Brown emphasized that the case was never solely about legal technicalities but about standing up for the creative legacy of Brown and Linzer’s work.
“This case has always been about standing up for the enduring value of original songwriting,” Brown said. “Even the defense expert acknowledged that people can hear the similarities between ‘Don Diablo’ and ‘Levitating.'” He further criticized what he sees as a disconnect between how music is analyzed legally and how audiences experience music, arguing that courts should allow juries to hear and feel the music, rather than just focusing on legal minutiae like notation and bar lines.
Previous Legal Battles for “Levitating”
This latest legal challenge is not the first time Dua Lipa has faced a lawsuit over “Levitating.” In March 2022, the pop star was named in a lawsuit by Brown and Linzer, who initially claimed that “Levitating” had “substantially similar” elements to their 1979 song “Wiggle and Giggle All Night.” The lawsuit accused Lipa and other defendants, including her collaborators and music labels, of copying the song’s “signature melody,” pointing out that the opening melody of “Levitating” was repeated several times throughout the track.
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In their complaint, the plaintiffs also mentioned that Lipa had publicly admitted to drawing inspiration from older disco-era music while working on her album Future Nostalgia, which features “Levitating.” They argued that by copying their work without attribution, Lipa and her team had engaged in “willful infringement.” The plaintiffs requested unspecified damages in the lawsuit, though no financial settlement has been reached.
Other Legal Challenges for Dua Lipa
Dua Lipa’s hit song has also faced other copyright claims. In June 2023, Lipa won the dismissal of a lawsuit filed by the Florida-based reggae band Artikal Sound System. The band had alleged that “Levitating” borrowed elements from their 2017 song “Live Your Life” without permission. The court ruled in Lipa’s favor, dismissing the case without proceeding to trial.
Additionally, in July 2023, Lipa was hit with another lawsuit, this time from music producer Bosko Kante, who claimed that his “talk box” recording was used in remixes of “Levitating” without his authorization. Kante’s lawsuit revolved around the use of the distinctive effect, which creates a robotic vocal sound, in several remixes of the track, including one featuring rapper DaBaby. The lawsuit alleged that Lipa and the other defendants did not secure proper licensing for the use of Kante’s recording.
Dua Lipa’s Legal Wins and Ongoing Career
Despite the multiple legal challenges, Dua Lipa has managed to navigate these hurdles and continue her successful career. “Levitating” remains one of the standout tracks from Future Nostalgia, an album that has garnered critical acclaim and commercial success worldwide. The song’s infectious beat and catchy chorus helped it become one of the most-streamed tracks of 2020 and 2021, securing Lipa’s place as one of the biggest pop stars of her generation.
As Lipa continues to rise in the music industry, these legal battles appear to be mere speed bumps on her path. While the lawsuit over “Levitating” has been dismissed, the ongoing conversation about originality and copyright in the music industry remains a topic of great debate. With the rise of streaming platforms and the increasing influence of social media, the way music is created, shared, and protected continues to evolve, leading to complex legal challenges for artists across the globe.
As for Lipa, she remains focused on her music, having recently teased new projects and collaborations. While her legal issues may not be fully resolved, she has proven time and again that her talent and determination are key to her enduring success in the highly competitive music world.
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