In the arena of pop music, few songs have captured the zeitgeist quite like Dua Lipa's "Levitating." Released in 2020, the track became a global sensation, boasting chart-topping hits and multi-platinum status. However, success often comes with scrutiny. In March 2022, Lipa found herself embroiled in not one, but two copyright lawsuits, aiming to establish connections between her work and older songs. Today, she emerges victorious as a New York judge dismissed the most prominent of these cases, setting a notable precedent in the complex, often ambiguous world of music copyright. As we unravel the details of this courtroom drama, we gain insights not only into Lipa's creative journey but also into the broader implications this ruling may hold for the music industry and its future.
The legal trouble began when the Florida reggae group Artikal Sound System filed a copyright lawsuit against Lipa in March 2022, alleging that "Levitating" borrowed elements from their song "Live Your Life." Following a dismissal of that case in June 2023, the spotlight shifted to the second lawsuit from L. Russell Brown and Sandy Linzer.
Brown and Linzer accused Lipa of drawing upon their earlier works—specifically the songs "Wiggle and Giggle All Night" (1979) and "Don Diablo" (1980). They contended that the melodic lines used in "Levitating" closely mirrored those in their songs. In legal documents, they asserted that Lipa had purposely emulated musical styles from prior decades, claiming inspiration as part of her creative process.
However, Lipa maintained that her song was an original work, employing a descending scale—a musical term that describes a sequence of notes that descend in pitch—that is not exclusive to their songs. It is a technique prevalent in thousands of pieces across genres.
After much deliberation, U.S. District Court Judge John Koeltl ruled in favor of Lipa on the grounds that the similarities cited were typical musical expressions and not eligible for copyright protection. This ruling draws heavily on the Ed Sheeran case from earlier in 2023, where Sheeran successfully defended himself against allegations of copying Marvin Gaye’s “Let’s Get It On.”
“Common chord progressions and melodies, when combined with a unique artistic expression, don’t qualify as protectable expression,” Judge Koeltl explained. His interpretation underscores a pivotal aspect of copyright law: the protection of broad musical ideas versus specific, unique elements that contribute to a song's originality.
In dismissing the suit, the court effectively reinforced the notion that music must be appreciated in context rather than through isolated comparisons. Brown and Linzer plan to appeal the decision, emphasizing their belief that Lipa's admission of drawing inspiration from previous eras changes the narrative.
As copyright claims in music continue to rise—with both artists and their legal teams seeking clarity—this ruling may significantly shift the landscape. It might deter frivolous lawsuits seeking to capitalize on the success of others or, conversely, provide a defense for artists drawing on cultural influences from the past.
Understanding this case requires a journey through the history of copyright in music. The evolution of laws can be traced back to the 18th century with the Statute of Anne in England, which laid the groundwork for intellectual property as we understand it today.
These developments show that as music evolves, so must the laws governing artistic expression.
Dua Lipa's victory in this case may have profound implications beyond her own career. It sheds light on how similar cases may be adjudicated in the future and raises questions about originality, creativity, inspiration, and plagiarism.
Music industry stakeholders, including producers, songwriters, and publishers, are likely closely monitoring the outcomes of such high-profile cases. As the digital music landscape continues to expand, protecting creative rights while still encouraging innovation becomes ever more necessary.
One notable case to consider in addition to Lipa’s situation is the dispute surrounding Robin Thicke's "Blurred Lines." In 2015, a court ruled in favor of Marvin Gaye's estate, asserting that Thicke had infringed on Gaye’s copyright. This case set a new precedent for the music industry, further complicating the already nuanced landscape of musical borrowing.
Additionally, in 2020, Megan Thee Stallion faced allegations of copyright infringement regarding her hit "Savage". Although the court ultimately sided with Stallion, the case prompted discussions about the thin lines distinguishing inspiration from infringement.
As we look to the future, the outcomes of these legal battles may pave the way for new standards in copyright law. Should the appeal from Brown and Linzer succeed, it could require judicial clarification on what constitutes substantial similarity in music. However, if the decision stands, it may set a legal precedent affirming a broader interpretation of what artists can draw from existing works.
L. Russell Brown and Sandy Linzer accused Lipa of copying melodies from their songs "Wiggle and Giggle All Night" and "Don Diablo." They argued that the similarities between their works and Lipa's hit "Levitating" constituted copyright infringement.
The court dismissed the case, concluding that the similarities cited were typical musical elements not protected by copyright law. It emphasized the importance of understanding musical concepts in context rather than as isolated parts.
This ruling, alongside the recent Ed Sheeran case, may encourage a standard that protects broad musical ideas while still allowing artists to draw inspiration from the past without the fear of litigation.
The plaintiffs have expressed their intention to appeal the ruling, signaling that this battle may continue and may require further legal clarifications.
These rulings shape the legal landscape for artists, often influencing perceptions of originality, and creating more distinct paths for musical creation amid historical influences. The outcomes can steer future legal standards on how music can be produced and how much inspiration can be legally claimed.
As the music industry evolves, so too will the conversations around copyright, creativity, and the rights of artists, making it an ongoing and dynamic topic of interest.