On Thursday, U.S. District Judge Katherine Polk Failla dismissed the lawsuit, stating that the similarities between the songs were too generic and included common musical elements that cannot be protected legally. The ruling pointed out that these elements have been used in various forms by musicians throughout history, including Mozart and the Bee Gees with their hit "Stayin' Alive."
This victory marks Lipa's second successful defense against plagiarism claims regarding "Levitating." Earlier, she was sued by the Florida reggae band Artikal Sound System, which alleged that her song's chorus mirrored their 2015 track "Live Your Life." That lawsuit was dismissed earlier this year when it was determined there was no evidence to prove Lipa and her collaborators had prior access to the original song.
Despite this recent success, Lipa faces another legal challenge from Bosko Kante, who contributed vocals to "Levitating." Kante claims his contributions were used in remixes of the song without permission and is seeking over $2 million in damages as well as a share of profits from the remixes, which he estimates to total at least $20 million.
The original lawsuit filed by Brown and Linzer alleged that Lipa's opening melody contained enough similarities to justify their claims, but Judge Failla ruled that the elements in question were so common that they fell outside of legal protection. The ruling coincidentally came on the fifth anniversary of "Levitating," originally released as part of Lipa's acclaimed album "Future Nostalgia."
In response to the ruling, lawyers for Brown and Linzer have voiced their disagreement and indicated plans to appeal. The BBC has reached out to Lipa's representatives for a comment on the case.
This victory marks Lipa's second successful defense against plagiarism claims regarding "Levitating." Earlier, she was sued by the Florida reggae band Artikal Sound System, which alleged that her song's chorus mirrored their 2015 track "Live Your Life." That lawsuit was dismissed earlier this year when it was determined there was no evidence to prove Lipa and her collaborators had prior access to the original song.
Despite this recent success, Lipa faces another legal challenge from Bosko Kante, who contributed vocals to "Levitating." Kante claims his contributions were used in remixes of the song without permission and is seeking over $2 million in damages as well as a share of profits from the remixes, which he estimates to total at least $20 million.
The original lawsuit filed by Brown and Linzer alleged that Lipa's opening melody contained enough similarities to justify their claims, but Judge Failla ruled that the elements in question were so common that they fell outside of legal protection. The ruling coincidentally came on the fifth anniversary of "Levitating," originally released as part of Lipa's acclaimed album "Future Nostalgia."
In response to the ruling, lawyers for Brown and Linzer have voiced their disagreement and indicated plans to appeal. The BBC has reached out to Lipa's representatives for a comment on the case.
