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Dua Lipa Wins Dismissal of 'Levitating' Copyright Lawsuit

A U.S. judge ruled that the alleged similarities between 'Levitating' and two 1970s disco tracks involved generic, unprotectable musical elements.

Dua Lipa attends the Time Magazine 100 gala celebrating their list of the 100 Most Influential People in the World, in New York City, New York, U.S., April 25, 2024. REUTERS/Andrew Kelly/File Photo
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Overview

  • U.S. District Judge Katherine Polk Failla dismissed the lawsuit filed by L. Russell Brown and Sandy Linzer, citing a lack of substantial similarity between their songs and Dua Lipa's 'Levitating.'
  • The court determined that the shared musical elements, such as a descending scale and rhythmic patterns, were generic and not eligible for copyright protection.
  • The ruling referenced the 2023 Ed Sheeran case, which established that basic musical building blocks like scales and rhythms are not copyrightable.
  • The plaintiffs plan to appeal the decision, arguing that the current legal framework disregards how audiences experience music.
  • This marks the second copyright lawsuit Dua Lipa has won over 'Levitating,' though she still faces a separate case regarding the alleged unauthorized use of a talkbox recording in remixes.