Dua Lipa wins copyright case over Levitating

Dua Lipa, the renowned pop star, is currently captivating audiences in Australia as she embarks on the Australian leg of her extensive Radical Optimism world tour. Known for her powerful voice and engaging performances, Dua Lipa has recently triumphed in a significant legal battle concerning her hit single, Levitating. The lawsuit was initiated in 2022 by songwriters L. Russell Brown and Sandy Linzer, who alleged that Dua Lipa had plagiarized elements from their disco tracks from 1979 and 1980. However, on Thursday, US Judge Katherine Polk Failla ruled in favor of Dua Lipa, stating that the similarities between the songs were generic and not protected by copyright. The judge pointed out that the musical elements in question had been utilized by various artists throughout history, including the legendary Mozart, Gilbert and Sullivan, and the Bee Gees in their iconic song Stayin' Alive. This ruling marks the second time Dua Lipa has successfully defended herself against plagiarism claims regarding Levitating, which became a global sensation in 2020. Previously, she faced a lawsuit from the Florida reggae band Artikal Sound System, who claimed that the chorus of Levitating was too similar to their 2015 track. That case was dismissed in 2023 when a judge determined that there was no evidence to suggest that Dua Lipa and her co-writers had access to the earlier song, which is a crucial factor in any copyright infringement case. Despite these victories, Dua Lipa is still confronting a third legal challenge related to Levitating. Musician Bosko Kante, who contributed vocals to the song using a talk box, claims that his contributions were used in remixes of the track without his permission. Kante is seeking damages of at least $2 million, along with interest, and is also requesting a share of the profits from the remixes, which he estimates to be around $20 million. The lawsuit filed by Brown and Linzer contended that Dua Lipa had stolen the opening melody of Levitating, particularly the lines where she sings, 'If you wanna run away with me, I know a galaxy and I can take you for a ride. ' They described the melody and phrasing as a 'duplicate' of their own works. However, Judge Failla asserted that the elements in question were too commonplace to warrant legal protection. The judge stated, '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. ' She further explained that ruling otherwise would hinder the evolution of music within that genre. Coincidentally, the judge's ruling coincided with the fifth anniversary of Levitating's release, which initially appeared as a track on Dua Lipa's award-winning album Future Nostalgia. Following the decision, lawyers representing Brown and Linzer expressed their disagreement with the ruling and indicated their intention to file an appeal. The BBC has reached out to Dua Lipa for her response to the ongoing legal matters.