Dua Lipa Wins Copyright Lawsuit Over Her Song “Levitating”

Dua Lipa recently secured a significant legal victory by obtaining the dismissal of a lawsuit that accused her of copying her hit single “Levitating” from two disco tracks of the late 1970s. This decision was handed down by U.S. District Judge Katherine Polk Failla, who determined that any similarities between Lipa’s song and the 1979 track “Wiggle and Giggle All Night” by L. Russell Brown and Sandy Linzer, were not substantial enough to constitute copyright infringement. The pair, who accused Lipa of using their song’s “signature melody” repeatedly throughout “Levitating,” failed to convince the court due to the generic nature of the musical components in question. This court ruling underscored the legal standards required for proving copyright infringement, particularly the need to establish “substantial similarity” between works.

The parallels cited by the plaintiffs in this case were viewed as musical elements that are too commonplace to be subject to copyright protection. Judge Failla’s decision referenced past works by Mozart, the Bee Gees’ “Stayin’ Alive,” and compositions by Gilbert and Sullivan, noting that these elements have been used extensively in music history, and thus, don’t belong exclusively to any single creator. This aligns with another recent high-profile case involving Ed Sheeran, where the court similarly ruled that his hit “Thinking Out Loud” did not infringe on Marvin Gaye’s “Let’s Get It On.” The court found that similar chord progressions were insufficient to claim ownership over specific elements of these songs.

Dua Lipa’s success in this legal battle comes during her busy Radical Optimism world tour in Australia, where she continues to engage her fans with electrifying performances. This setback for the plaintiffs doesn’t mark the end of the legal saga, however, as they plan to appeal the court’s decision. They maintain that the case was meant to advocate for the preservation of original songwriting. Additionally, both the artists’ and their legal representatives emphasized the necessity of examining how music is experienced by audiences rather than strictly by technical analysis in courtrooms.

Despite the back-and-forth in legal courts, “Levitating” has maintained robust popularity, becoming a chart-topping track heralded for its upbeat disco influence. Lipa’s team argued, effectively, that the songwriters suing her could not monopolize basic musical scales and elements widely used across multiple songs and genres. “Levitating” has represented the seamless fusion of disco vibes with modern pop, echoing sounds reminiscent of the past while securing a firm place in contemporary music charts.

Interestingly, the lawsuit’s dismissal in favor of Lipa also mentions her ongoing interaction with her fanbase, such as gifting a special unreleased remix to a fan, further proving her adeptness in maintaining a strong public presence amid legal battles. This particular remix, related to her song “Physical,” was done in collaboration with Australian artist Troye Sivan, underlining Lipa’s commitment to innovation and collaboration in her music projects.

This legal triumph adds to Lipa’s victorious streak as she has previously overcome another copyright lawsuit concerning “Levitating.” In that instance, a reggae band, Artikal Sound System, alleged that she copied the chorus of their song “Live Your Life,” but they failed to prove that Lipa or her co-writers had the necessary access to their music—a critical component for such a lawsuit to hold.