Dua Lipa Hit with second lawsuit over hit song ‘Levitating’

LOS ANGELES, CALIFORNIA - March 14: Dua Lipa accepts the Best Pop Vocal Award for'Future Nostalgia' on stage during the 63rd Annual GRAMMY Awards at the Los Angeles Convention Center on March 14, 2021 in Los Angeles, California. (Photo by Kevin Winter/Getty Images for The Recording Academy)

LOS ANGELES, CALIFORNIA – March 14: Dua Lipa accepts the Best Pop Vocal Award for ‘Future Nostalgia’ on stage during the 63rd Annual GRAMMY Awards at the Los Angeles Convention Center on March 14, 2021 in Los Angeles, California. (Photo by Kevin Winter/Getty Images for The Recording Academy)

Award-winning pop star Dua Lipa are facing other A copyright claim against her chart-topping hit “Levitating,” this time from a pair of veteran musicians who had previously sued — and won — over the song they claim was the basis for the hit. by Lipa.

L.Russell Brown and Sandy Linzer sue Lipa and rapper Da Baby in federal court in Manhattan, saying that Lipa’s version of the song and remix with Da Baby, n.e. Jonathan Lyndale Kirkis in violation of a song the duo wrote in the 1970s.

Brown and Linzer are the authors and composers behind the 1979 song “Wiggle and Giggle All Night,” recorded by singer Cory Daye. Brown is the composer of the hit songs “Tie a Yellow Ribbon Round the Ole Oak Tree” and “Knock Three Times”. Linzer has written many hits for Frankie Valli and Four Seasons and composed songs for Four Tops and Whitney Houston. Both have been nominated for inductance into the Composers Hall of Fame, according to the complaint.

“Levitating” is the song that topped the Billboard Hot 100 in 2021 and has spent more than 68 weeks on the chart, Billboard reported. The song is also the longest-ever top 10 hit by a female artist on the Billboard Hot 100, according to Billboard. It is from Lipa’s album “Future Nostalgia,” which was nominated for a Grammy Award for Album of the Year 2021 and won the Grammy Award for Best Pop Vocal Album.

Brown and Linzer say that in addition to copying their 1979 song, which the lawsuit claims was a hit in the Netherlands and Dutch nightclubs, “Levitating” also infringes the 1980 song “Don Diablo. ” Although Brown and Linzer didn’t write the song, they successfully sued for copyright in 1983, the lawsuit says.

The complaint refers to the two works as “original works” or “BL songs”.

Lipa has face a lawsuit from Florida-based reggae band Artikal Sound System, claims that “Levitating” is based on the band’s 2017 “Live Your Life.”

But unlike that complaint, which only detailed exactly how “Levitating” was allegedly copied from the band’s original song, Brown and Linzer provided transcripts of parts of the song they had received. said that the similarities between the songs were too close to be ignored.

“It is clear that all three repetitions of the tune are essentially the same,” the lawsuit said. “Notes move in the same direction with nearly identical distances or ‘steps’ and rhythms.”

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Although Linzer and Brown are clearly serious about their quest for restitution and punishment, their complaint makes their allegations a pun.

“Objective analysis of the musical composition and subjective listening experiences of music lovers demonstrate that Respondent has infringed on Plaintiff’s intellectual property rights,” the lawsuit says. “Plaintiff sued so that Defendant could not be shaken by their willful violation.”

Brown and Linzer say the popularity of Lipa’s song on social media has increased their damage.

“TikTok is designed around short attention spans,” complained in the caption. “The signature melody, which is at the forefront of 1.5 million TikTok ‘Levitating’ videos, therefore plays a huge role in creating a favorable impression of the song,” the caption also said.

The complaint also states that similarities between “Levitating” and the plaintiff’s songs are well known.

“Experts and laypeople alike found significant similarities between the infringing works and the BL songs,” the lawsuit said, citing media reports and comments from at least one person. music producer.

Linzer and Brown also provide many examples of Lipa and one of her co-defendants, the musician Stephen Kozmeniuksaid in interviews that they looked to the music of previous decades, including the 1970s and 80s, to create a “modern nostalgic theme” for the album “Future Nostalgia”.

“In search of nostalgic inspiration, Respondent copied Plaintiff’s creation without attribution,” the lawsuit says.

Listen to “Levitating,” “Don Diablo,” “Wiggle and Giggle All Night,” and “Live Your Life” by Artikal Sound System below.

[Image via Kevin Winter/Getty Images for The Recording Academy; image of sheet music via court filing.]

Is there a trick we should know? [email protected]

https://lawandcrime.com/high-profile/dua-lipa-hit-with-second-lawsuit-over-hit-song-levitating-saying-star-cannot-wiggle-out-of-willful-infringement/ Dua Lipa Hit with second lawsuit over hit song ‘Levitating’

James Brien

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