Dua Lipa wins ‘Levitating’ copyright case as judge dismisses claims

British pop star Dua Lipa has successfully defended herself against yet another copyright lawsuit over her chart-topping track Levitating. A U.S. judge ruled that the claims made by songwriters L. Russell Brown and Sandy Linzer lacked merit, marking Lipa’s second victory in a legal battle over the song.

The lawsuit, filed in 2022, alleged that Levitating copied elements from Brown and Linzer’s 1979 song Wiggle and Giggle All Night and their 1980 track Don Diablo. The claim focused on the opening melody of Lipa’s hit, arguing that it was identical to their work. However, Judge Katherine Polk Failla dismissed the case, stating that the similarities were based on commonly used musical structures that had appeared in songs for centuries.

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Failla’s ruling referenced historical examples, pointing out that similar patterns could be found in compositions by Mozart, Gilbert and Sullivan operettas, and even the Bee Gees’ disco classic Stayin’ Alive. She emphasised that basic musical elements, such as scales and rhythmic patterns, cannot be copyrighted.

This is not the first time Levitating has been at the centre of a copyright dispute. In 2023, Lipa won a separate case against Florida reggae band Artikal Sound System, who claimed that the song copied the chorus of their 2015 track Live Your Life. That case was also thrown out due to lack of evidence that Lipa or her team had access to the earlier song.

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Despite these victories, Lipa still faces a separate legal challenge from musician Bosko Kante, who contributed vocals to Levitating using a talk box. Kante alleges that his voice was used in remixes of the song without proper authorisation and is seeking at least $2 million (£1.5 million) in damages.

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The recent ruling in Lipa’s favour points out a growing trend in copyright law. The decision cited Ed Sheeran’s 2023 case, in which he successfully defended his song Thinking Out Loud against claims that it copied Marvin Gaye’s Let’s Get It On. Courts are increasingly recognising that certain musical components like scales, chord progressions, and rhythmic structures are part of a shared creative language and cannot be owned by any single artist.

Dua Lipa in a candid moment embodying the creative process behind her chart-topping hitsGetty Images

While Brown and Linzer plan to appeal, this latest win strengthens Lipa’s position and brings about a broader conversation in the music industry about originality and artistic freedom. Meanwhile, the singer continues her Radical Optimism tour, proving that despite legal battles, her career remains on an upward trajectory.