Dua Lipa has secured a legal victory as a US court dismissed a lawsuit alleging that her hit song Levitating copied elements from the 1979 track Wiggle and Giggle All Night. The case, filed by songwriters L Russell Brown and Sandy Linzer, was thrown out by Judge Katherine Polk Failla in Manhattan, citing a lack of “substantial similarity” between the songs.
The plaintiffs had claimed that Levitating borrowed its “signature melody” from their track, but the judge ruled that the melody was not copyrightable, referencing a recent case where Ed Sheeran successfully defended his song Thinking Out Loud against allegations of copying Let’s Get It On. She also noted that several alleged similarities were common musical elements found in operas and classic pop songs.
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Lawyers for Dua Lipa and Warner Records argued that the lawsuit was baseless, stating it was implausible that Lipa had even heard Wiggle and Giggle All Night before creating her song. They maintained that no one could monopolize basic musical structures, such as minor scale progressions.
The plaintiffs have announced plans to appeal the ruling, arguing that the case is about protecting original songwriting. Meanwhile, Levitating remains one of Lipa’s biggest hits, topping Billboard’s 2021 year-end chart.
