In what is either a cosmic coincidence or a cleverly planned publicity stunt, Dua Lipa won her copyright infringement case over the biggest hit on her album Future Nostalgia on Thursday — the fifth anniversary of the album’s release.
The case, first filed in 2022, was over “Levitating,” which two songwriters claimed was ripped off from their 1979 song called “Wiggle and Giggle All Night.” But in the decision, obtained by ABC News, the judge ruled that the songwriters had failed to prove that the two songs shared anything other than generic elements — the kind that are so commonly used that they’re considered to be uncopyrightable.
In fact, Dua should send Ed Sheeran flowers: In her decision, the judge cited Ed’ s copyright case from several years ago multiple times. That case found that his song “Thinking Out Loud” and Marvin Gaye‘s song “Let’s Get It On” only shared commonly used elements that are uncopyrightable.
For example, the judge’s decision noted that some of the elements the songwriters cited, like “rapid vocals” had been “used for centuries” — as far back as Mozart — while others, like a “rapid tempo,” are commonly used in countless songs.
In addition, the songwriters’ claim that “Wiggle” and “Levitating” are “pop with a disco feel,” according to the judge, “cannot possibly be protectable … because to hold otherwise would be to completely foreclose the further development of music in that genre or for that purpose.” The case has now been dismissed.
To mark the album’s fifth anniversary, Dua has just released a new remix version of another song from Future Nostalgia, “Physical,” featuring her pal Troye Sivan.
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