Dua Lipa‘s 2020 track “Levitating” continues to dominate global music charts and is ubiquitous on social media platforms like Tik Tok for its groovy, 70s-eque beat, infectious melody and of course, the hitmaker’s rich, powerful vocals. Within just a few days, Lipa has been hit with two copyright infringement lawsuits over the song, and most recently by a songwriting duo who say it copies their less popular 1979 disco tune.
On March 4th, Lipa, 26, was one of several defendants named in a complaint filed in New York. It claims that “Levitating,” the fifth track off her second full-length LP, Future Nostalgia, is “substantially similar” to the 1979 Cory Daye song, “Wiggle and Giggle All Night,” written by L. Russell Brown and Sandy Linzer.
Brown and Linzer’s lawyers allege that the song’s “signature melody…is a duplicate” of the opening melody of “Wiggle and Giggle All Night.” In the complaint obtained by People Magazine, they also say Lipa’s melody resembles that of the 1980 Miguel Bosé song “Don Diablo,” to which they also own the copyright.
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“The notes move in the same direction with evenly matched intervals or ‘steps,’ and almost identical rhythms,” the complaint says. It adds that their opening melody is repeated 6 times in Lipa’s song, and 3 times in the “Levitating” remix featuring DaBaby.
Many fans took to Twitter to mention how Lipa has said in many interviews that songs off her record, Future Nostalgia are inspired by music of the past (notably 70s disco eras) and incorporate modern electronic instrumentals and remixing simultaneously.
Brown and Linzer mention how Lipa has been inspired by the genre their song is part of, and they also write that they brought this suit against the singer so that she and the other defendants “cannot wiggle out of their willful infringement.” The complaint says, “Lipa admitted that she deliberately emulated prior eras of music to create Future Nostalgia, the aptly named album on which ‘Levitating’ appears […] In seeking nostalgic inspiration, Defendants copied Plaintiffs’ creation without attribution.”Apparently, the plaintiffs are seeking an unspecified amount. They also say that they’ve suffered damages “including lost profits to be proven at trial.”
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As many of Lipa’s fans know, “Levitating” peaked at No. 2 on the Billboard Hot 100, and topped the Adult Contemporary, Adult Top 40 and Mainstream Top 40 charts. The dance pop hit was also the No. 1 song on Billboard‘s Hot 100 Year-End chart, meaning that millions of people have heard and continue to listen to it. The track also currently boasts over 1 billion Spotify streams— and counting.
Days prior to this very lawsuit, a reggae band from Florida, Artikal Sound System, also filed a copyright infringement suit of their own. They claim that Lipa’s “Levitating” also resembles their 2017 song, “Live Your Life.” Lipa’s label, Warner Records are among others named as defendants, and the band is asking for profits made from the track, as well as damages. Keep your eyes peeled for more details, as Lipa has yet to publicly comment on either lawsuit.
