US Judge Dismisses Copyright Case Against Dua Lipa Over Levitating

Thursday’s ruling said that Dua Lipa’s hit single Levitating does not unlawfully copy elements from two disco tracks written in the late 1970s and early 1980s.

The lawsuit was brought by songwriters L Russell Brown and Sandy Linzer, who claimed that Lipa’s song bore striking similarities to their 1979 track, Wiggle and Giggle All Night, and their 1980 release, Don Diablo. The claim, filed in 2022, alleged that Levitating, taking from Lipa’s 2020 album Future Nostalgia, copied the opening melody and phrasing of their songs.

However, Judge Katherine Polk Failla ruled that the songs only shared generic elements that fall outside copyright protection. She emphasised that the so-called “patter style” of delivery – one syllable per note – has been used in music for centuries, including by classical composers such as Mozart and operatic duo Gilbert and Sullivan.

Additionally, she noted that the rapid tempo featured in Levitating was a common trait of disco music, exemplified by songs like the Bee Gees’ Stayin’ Alive.

In her ruling, Judge Failla said, “The court finds that a musical style, defined by plaintiffs as ‘pop with a disco feel,’ and a musical function, defined by plaintiffs to include ‘entertainment and dancing,’ cannot possibly be protectable… To hold otherwise would be to completely foreclose the further development of music in that genre or for that purpose.”

Despite the dismissal, the plaintiffs’ legal team indicated their intention to appeal. Jason T. Brown, an attorney representing the songwriters, told Billboard: “This case has always been about standing up for the enduring value of original songwriting, and we continue to believe in the strength of Mr. Brown and Mr. Linzer’s creative legacy. There’s a growing disconnect between how these cases are decided – by academically analysing briefs, bar lines and musical notation – versus how audiences actually experience music.”

Dua Lipa’s representatives have not yet responded to the ruling.

This is not the first time that Levitating has been the subject of a copyright dispute. In a previous lawsuit, Florida reggae group Artikal Sound System claimed that the song’s chorus had been taken from their 2015 track, Live Your Life. That case was also dismissed, with the judge ruling there was no evidence that Lipa or her co-writers had access to the earlier song.

However, the legal battles over Levitating are not entirely over. The song is still the subject of a third lawsuit filed by Bosko Kante, a featured artist who claims his talk box vocal contribution was used in remixes without proper authorisation.

Meanwhile, Lipa is currently on tour in Australia, promoting her latest album, Radical Optimism. She is also celebrating the fifth anniversary of Future Nostalgia with a special reissue, featuring a remix of Physical with Australian pop star Troye Sivan.