Dua Lipa, currently on her Radical Optimism world tour across Australia, has triumphed in a legal dispute alleging that she plagiarized her hit single "Levitating." The lawsuit, initiated in 2022, claimed that Lipa borrowed elements from the 1979 disco tune "Wiggle and Giggle All Night" and the 1980 song "Don Diablo," authored by songwriters L. Russell Brown and Sandy Linzer.
On Thursday, US Judge Katherine Polk Failla ruled in favor of Lipa, stating that the similarities between the songs are too generic to warrant copyright protection. The judge noted that the musical components presented by the plaintiffs are non-copyrightable and have been present in compositions by legendary artists including Mozart, Gilbert and Sullivan, and the Bee Gees. This ruling marks the second instance where Lipa has prevailed in a legal challenge regarding "Levitating," which exploded in popularity following its release in 2020.
Previously, Lipa faced a lawsuit from the reggae band Artikal Sound System, who alleged that she had infringed on their 2015 song "Live Your Life." That case was withdrawn in early 2023 when a judge concluded that there was no evidence supporting the claim that Lipa had been aware of the earlier song during the writing process—an essential factor in copyright disputes.
However, Lipa is not entirely free from legal scrutiny as a separate lawsuit looms from Bosko Kante, a featured artist on "Levitating." Kante has alleged that his contributions were used without authorization in remixes of the track and is demanding at least $2 million in damages, in addition to a portion of the profits he estimates to be around $20 million.
In their challenge, Brown and Linzer accused Lipa of copying the opening melody of "Levitating." They described the melody and lyrics, “If you wanna run away with me, I know a galaxy and I can take you for a ride,” as a direct duplication of their work. However, Judge Failla emphasized the importance of fostering creativity within a genre, asserting that musical styles shouldn’t be presumed to be protected under copyright law.
Coincidentally, the ruling arrived on the fifth anniversary of "Levitating," which was first released as part of Lipa’s acclaimed album *Future Nostalgia*. Lawyers representing Brown and Linzer voiced their intention to file an appeal against the court's decision while Lipa's team has yet to publicly comment on the outcome.
On Thursday, US Judge Katherine Polk Failla ruled in favor of Lipa, stating that the similarities between the songs are too generic to warrant copyright protection. The judge noted that the musical components presented by the plaintiffs are non-copyrightable and have been present in compositions by legendary artists including Mozart, Gilbert and Sullivan, and the Bee Gees. This ruling marks the second instance where Lipa has prevailed in a legal challenge regarding "Levitating," which exploded in popularity following its release in 2020.
Previously, Lipa faced a lawsuit from the reggae band Artikal Sound System, who alleged that she had infringed on their 2015 song "Live Your Life." That case was withdrawn in early 2023 when a judge concluded that there was no evidence supporting the claim that Lipa had been aware of the earlier song during the writing process—an essential factor in copyright disputes.
However, Lipa is not entirely free from legal scrutiny as a separate lawsuit looms from Bosko Kante, a featured artist on "Levitating." Kante has alleged that his contributions were used without authorization in remixes of the track and is demanding at least $2 million in damages, in addition to a portion of the profits he estimates to be around $20 million.
In their challenge, Brown and Linzer accused Lipa of copying the opening melody of "Levitating." They described the melody and lyrics, “If you wanna run away with me, I know a galaxy and I can take you for a ride,” as a direct duplication of their work. However, Judge Failla emphasized the importance of fostering creativity within a genre, asserting that musical styles shouldn’t be presumed to be protected under copyright law.
Coincidentally, the ruling arrived on the fifth anniversary of "Levitating," which was first released as part of Lipa’s acclaimed album *Future Nostalgia*. Lawyers representing Brown and Linzer voiced their intention to file an appeal against the court's decision while Lipa's team has yet to publicly comment on the outcome.
