Judge Says You Can’t Copyright a Vibe
Dua Lipa just scored a legal victory, shutting down a lawsuit that claimed her 2021 smash hit Levitating copied a 1979 disco track. A Manhattan judge tossed the case on Thursday, ruling that the similarities weren’t enough to call it plagiarism.
Songwriters L. Russell Brown and Sandy Linzer had argued that Levitating lifted the “signature melody” from their song Wiggle and Giggle All Night.
But Judge Katherine Polk Failla wasn’t convinced, pointing out that the melody in question had been around for centuries—popping up in everything from classical operas to the Bee Gees’ Stayin’ Alive.
She also made it clear that you can’t copyright a musical vibe. “A musical style, like ‘pop with a disco feel,’ or a function, like ‘entertainment and dancing,’ isn’t something you can own,” she wrote in her ruling.
The plaintiffs aren’t giving up just yet, though—lawyer Jason Brown, who also happens to be L. Russell Brown’s nephew, said they’re planning to appeal.
Meanwhile, Lipa and her team dismissed the claims as ridiculous, arguing it was “implausible” that she had even heard Wiggle before writing Levitating. They also pointed out that no one can “monopolize one of the most basic elements of music—the minor scale.”
Bottom line? Levitating is here to stay, and Dua Lipa just danced her way past another legal hurdle.