Dua Lipa has successfully won the dismissal of a lawsuit that accused her of copying elements of her global hit Levitating from two older disco tracks.
The lawsuit, originally filed in 2022, came from songwriters L. Russell Brown and Sandy Linzer, who claimed that Lipa had plagiarized melodies from their songs Wiggle and Giggle All Night (1979) and Don Diablo (1980). The case sought to prove that Levitating borrowed distinct musical elements from these works, alleging that the song’s opening melody was a near-duplicate of their own.
However, after a thorough legal review, a US judge ruled in favor of Lipa, stating that the similarities between the songs were too generic to warrant copyright protection. This victory marks a significant legal win for Lipa, reinforcing the boundaries of what constitutes legitimate inspiration versus unlawful plagiarism in music.
The ruling was issued on Thursday by US District Judge Katherine Polk Failla, who determined that the alleged similarities between Levitating and the two older songs were based on musical elements that were not legally protectable.
In her decision, she pointed out that similar note progressions and rhythms had been used in multiple compositions throughout history, citing classical composer Mozart, operatic duo Gilbert and Sullivan, and even the Bee Gees’ 1977 hit Stayin’ Alive as examples.
The judge emphasized that common stylistic elements in pop and disco music cannot be monopolized by any one creator, as doing so would stifle musical evolution. With this ruling, Lipa has successfully fended off another attempt to challenge the originality of her hit single, which has remained a standout track since its release in 2020.
This is not the first time Lipa has faced a legal battle over Levitating. In 2022, she was also sued by the Florida-based reggae band Artikal Sound System, who alleged that she and her co-writers had copied the chorus of their 2015 song Live Your Life.
However, that case was dismissed in 2023 when the court found no evidence that Lipa had ever been exposed to the band’s song before writing Levitating. Access to the original work is a crucial requirement in copyright infringement cases, and without proof that Lipa or her team had listened to Live Your Life, the lawsuit was thrown out.
This second successful defense against plagiarism claims further solidifies the song’s legitimacy and underscores the difficulties in proving music copyright cases, particularly in an industry where many songs share common structural elements.
Despite these legal victories, Lipa is not entirely free from Levitating-related legal troubles. She is still facing an ongoing lawsuit from musician Bosko Kante, who contributed talk-box vocals to the original version of the song. Kante filed his lawsuit in 2023, claiming that his vocal recordings were used in several remixes of Levitating without his permission.
His legal team argues that while he agreed to contribute to the original track, his contract did not authorize additional commercial use of his work in remixes. As a result, he is seeking at least $2 million in damages, plus additional profits from the remixes, which he estimates have generated at least $20 million in revenue.
This lawsuit presents a different legal challenge, as it does not involve accusations of plagiarism but rather contractual disputes over intellectual property rights.
In their case against Lipa, Brown and Linzer specifically argued that the melody of Levitating, particularly the opening lines—“If you wanna run away with me, I know a galaxy and I can take you for a ride”—was strikingly similar to their own compositions.
They asserted that Lipa’s phrasing and melodic structure directly mirrored their work, constituting copyright infringement. However, Judge Failla firmly rejected this claim, explaining that such musical patterns were too common to be legally protected. She highlighted that a broad musical style, such as “pop with a disco feel,” and general song functions, such as those designed for “entertainment and dancing,” could not be copyrighted.
The judge cautioned that ruling otherwise would restrict artistic creativity and prevent new music from being developed in certain genres. This decision aligns with a growing trend in copyright law, where courts are increasingly reluctant to penalize artists for using common musical elements unless direct and undeniable copying can be established.
By coincidence, the court’s ruling arrived on the fifth anniversary of Levitating’s initial release, which debuted as a track on Lipa’s critically acclaimed album Future Nostalgia.
The song went on to become one of her most successful hits, earning widespread recognition and dominating music charts worldwide. In response to the dismissal, Brown and Linzer’s legal team issued a statement to Billboard expressing their disagreement with the verdict and confirming their intent to appeal the decision.
Meanwhile, the BBC has reached out to Dua Lipa’s representatives for an official response. While the outcome of the appeal remains uncertain, Lipa’s recent legal wins demonstrate the growing difficulty of pursuing copyright claims in a music industry where genre conventions and musical patterns often overlap.
