In a recent ruling, U.S. District Judge Katherine Polk Failla has determined that British pop sensation Dua Lipa will indeed face a lawsuit that accuses her of copying elements of her chart-topping 2021 hit "Levitating" from a disco song released in 1979.
The lawsuit, which was filed in March 2022 by songwriters L. Russell Brown and Sandy Linzer, claims that "Levitating" bears substantial resemblance to their disco track "Wiggle and Giggle All Night." The plaintiffs assert that "Levitating" incorporates significant "compositional elements" from their song, notably the replication of the opening melody.
While the defense argued that it was unlikely Lipa had encountered "Wiggle" prior to creating "Levitating," Judge Failla acknowledged the plaintiffs' allegations of "striking similarity" between the two songs. She noted that both tracks share a "repetitive rhythm" and a distinctive "signature melody," providing enough grounds for the case to proceed.
"The court cannot foreclose the possibility of plaintiffs meeting the undoubtedly high bar of proving striking similarity," Failla noted.
Jason Brown, a lawyer representing the plaintiffs, emphasized the importance of proper attribution and compensation for artistic works. He expressed the plaintiffs' commitment to pursuing the case through discovery and trial, asserting that contemporary artists must respect the rights of creators from the past.
However, Judge Failla's decision did not encompass the plaintiffs' additional claim that "Levitating" also copied another song, "Don Diablo," for which they hold copyright ownership.
"Levitating," a prominent track from Dua Lipa's album "Future Nostalgia," achieved remarkable success by spending 77 weeks on Billboard's Hot 100 U.S. singles chart. The song even claimed the coveted top spot on Billboard's year-end chart for 2021.
This recent ruling is not the first time Dua Lipa has faced accusations of copying her music. Earlier this year, a lawsuit filed in Los Angeles alleged that Lipa had copied "Levitating" from a 2017 song by the Florida reggae group Artikal Sound System. Furthermore, a lawsuit filed on July 31 in Los Angeles claimed that Lipa had utilized musician Bosko Kante's "talk box" recording in remixes of "Levitating" without obtaining proper permission.
The case, Larball Publishing Co et al v Lipa et al, is set to proceed in the U.S. District Court for the Southern District of New York under docket number 22-01872.
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