Pop superstar Dua Lipa can finally dance worry-free to the infectious beats of “Levitating” — her chart-dominating hit just cleared a major legal hurdle that had been hanging over it like a disco ball ready to drop.
U.S. District Judge Katherine Polk Failla delivered a knockout punch to copyright claims that threatened to dim the sparkle of Lipa’s megahit. Songwriters L. Russell Brown and Sandy Linzer had insisted the 2021 smash borrowed too heavily from their 1979 tune “Wiggle and Giggle All Night.” Turns out, that argument had about as much staying power as last year’s dance crazes.
The judge’s ruling cuts straight to the heart of creative expression in modern music. You can’t copyright a vibe — or as Judge Failla put it more eloquently, “a musical style” defined as “pop with a disco feel” isn’t something anyone can claim ownership over. Thank goodness, or we’d all still be paying royalties to Mozart.
Speaking of classical connections, the court’s decision highlighted how certain musical elements have been bouncing around the industry longer than a DJ’s favorite remix. These supposedly “copied” features have shown up everywhere from Mozart’s operas to the Bee Gees’ “Stayin’ Alive” — proof that great music often stands on the shoulders of giants wearing platform shoes.
The timing couldn’t be better for the music industry, which has been drowning in copyright disputes lately. Remember Ed Sheeran’s victory dance after winning his “Thinking Out Loud” case? These rulings suggest courts are finally drawing a clearer line between inspiration and imitation — something artists have been begging for since vinyl was king.
“Levitating” didn’t just survive the legal challenge; it thrived throughout the ordeal. The track spent a whopping 77 weeks on the Billboard Hot 100 and crowned the 2021 year-end chart. Not bad for a song that supposedly couldn’t stand on its own artistic merits.
The plaintiffs aren’t exactly throwing in the towel, though. Their attorney — who happens to be L. Russell Brown’s nephew (talk about keeping it in the family) — has promised an appeal. They’re framing their fight as a crusade for “the enduring value of original songwriting.” But with Judge Failla ruling that the similarities only touched “non-copyrightable elements,” they might be better off writing a new hit instead.
Meanwhile, Dua Lipa’s busy selling out shows down under with her “Radical Optimism” tour, probably not losing much sleep over courtroom drama back home. The whole saga raises fascinating questions about creativity in an era where every chord progression seems to come with a lawyer attached. When does homage become theft? Where’s the line between inspiration and appropriation?
Judge Failla’s ruling might just help answer those questions. By protecting artists’ right to draw from music’s rich history while creating something fresh, she’s given creative freedom a much-needed boost. In an industry where everything old becomes new again faster than you can say “TikTok trend,” that’s something worth celebrating — no copyright required.