Dua Lipa "Levitating" infringement lawsuit

[friskinator]

I’m amused by the number of negative comments from people here: especially since they’re clearly out of their musical depth.

The whole arrangement is similar, and yes there are “only 12 notes”, but there are entire sections where the melody, underlying harmony, and bass line are identical in the two songs.

The precedent set in Robin Thicke/Marvin Gaye case, where it was only the groove that was deemed identical, means this reggae band is essentially guaranteed a settlement and/or writer credit on “Levitating”.

I was surprised to hear the similarities. Whether the writers were familiar with the other track has yet to be proven, but like you, I’m predicting a settlement will happen.

I was hoping this thread wouldn’t turn into a debate over the merits of the song itself, the writing process, or Dua Lipa. But here we are.

 

[BAG]

For two very different style of bands, these two sound very similar, even down to the bridge. Can't recall ever hearing about a law suit over this one.

 

[Vinny_G]

That said, they are both equally inane and boring, IMO, but then I'm a 62-year-old white guy so I'm definitely not the target audience.

Who is the target audience?

 

[lermgalieu]

Who is the target audience?

Me (52 year old white guy lol)!

 

[lermgalieu]

I was hoping this thread wouldn’t turn into a debate over the merits of the song itself, the writing process, or Dua Lipa. But here we are.

"Hope is a good breakfast, but it is a bad supper." - Francis Bacon

 

[turf3]

Who is the target audience?

19 year old shoppers at Abercrombie and Fitch.

 

[Vinny_G]

Me (52 year old white guy lol)!

Me too, then, because I remember having levitated several times in my life

 

[bass12]

Me too, then, because I remember having levitated several times in my life

It tends to happen less as you get older.

 

[DWBass]

All that kind of stuff sounds the same, it’s about as vapid as Ace Of Base was decades ago. You can sue for beat infringement now?

That's how the Blurred Lines case was won. It damn sure wasn't the melody, chord structure or lyrics!!

 

[Killing Floor]

Exactly. 12 notes. Levitating is in B minor, and the chord progression is therefore 1, 5, 4 (then 1 again). I'm sure the members of Artikal invented the 1, 4, 5 progression (sarcasm). I'm sure they are also the only artists in history to use that beat (more sarcasm). Levitating was released in 2020 and Artikal just realized this alleged "rip off" now?!? This is a money grab.

While I don't think they'll make any real money "from" the lawsuit I do think this will elevate them from opening act at bars on Tuesday to side stage at pot themed festivals, therefore they do stand to earn more in the very short term from the publicity.

 

[yodedude2]

the 'blurred lines' case definitely set a new precedent for infringement cases in general. lyrics, melody, 'hooks', and now 'sound/feel/groove' are up for grabs ...

 

[Killing Floor]

None of this has anything to do with whether Dua copied their song, unless you are claiming they in turn copied it from someone else.


Having read the complaint, I can assure you it does not allege that they invented the chord progression. There's more in common than the chord progression, to my ear (having only listened to a snippet. The melody? The (some) words?

12 notes. That's all.
Unless you are suggesting that Dua Lipa or her producer traveled to some local hemp festival in south Florida to see this unknown band that doesn't get any major terrestrial or satellite air play. How would she be motivated to take that trip? Why wouldn't she just continue her tours and sessions? It doesn't make sense. It's like suggesting that McDonalds based their format on Five Guys, all the evidence is there if you smash it together in reverse. It's only infringement if the plaintiff can prove the defendant heard their turd.

 

[Wilmingtonian]

A lot closer to each other than some songs that are challenged and end up with money changing hands.

 

[lermgalieu]

12 notes. That's all.
Unless you are suggesting that Dua Lipa or her producer traveled to some local hemp festival in south Florida to see this unknown band that doesn't get any major terrestrial or satellite air play. How would she be motivated to take that trip? Why wouldn't she just continue her tours and sessions? It doesn't make sense. It's like suggesting that McDonalds based their format on Five Guys, all the evidence is there if you smash it together in reverse. It's only infringement if the plaintiff can prove the defendant heard their turd.

Uh, last I checked there's this thing called the internet. Come on, dude.

EDIT: plus, I would guess she had no idea this was ripped off. But it almost certainly was. Unless you are suggesting that clever musicians only rip off hugely successful acts, cuz, yeah, that would be real smart.

 

[bigjames]

I find most of these infringement cases frustrating. I think I still disagree with the Tom Petty / Sam Smith outcome because while they are (accidentally?) similar, I do not think they were similar enough to suggest Sam was copying or that Tom should get credits. That said, the DL tune almost sounds like a clean rip to me...(EDIT: Listening again, they are similar, but not exactly the same...definitely similar in feel and style).

I am far from an expert and have no horse in the race, but I think the Robin Thicke case set a dangerous precedent for new music...especially so since the artist "victimized" in that case is not alive and it was his estate and family pursuing it.

"Check out this new song I wrote...it starts with this cool rhythmic major third and..."

"Beethoven's estate is coming for you!"

We will eventually come to a point where everything that can be played in Western music will be played (maybe already has been?).

 

[yodedude2]

... It's only infringement if the plaintiff can prove the defendant heard their turd.

the burden of proof in an infringement case is a preponderance of evidence. and one may recall the harrison 'my sweet lord'/'he's so fine' infringement suit and the concept of 'subconcious plagarism'!

but now i am curious ... does an infringement suit have to prove intent? i don't recall that being a standard.

 

[Low Down Brown]

12 notes. Good luck. Nothing against an obscure bottom market cracker "reggae" band from Florida who's very essence is copying and cultural appropriation, even their name is a cheeky take on another more popular band. Good luck. If you win (settle) maybe you'll get better gigs for 3 months.

One thing that's a certainty, nobody on DL's team ever heard that band or that song.

Kinda funny how you throw out a racist slur and shout cultural appropriation in the same sentence. A quick fact check reveals that not all of the band members are 'crackers'. How about we stay on topic concering the impending lawsuit rather than take to our soapboxes on some social crusader tirade and turn this into a race issue? The world is already full of enough idiocy, misery, and hate without throwing more gas on that fire.

 

[DWBass]

Honestly......different bassline. Chord structure is different. Not quite the same in my opinion. If they have the same jury (non musicians) as Blurred Lines, they're in trouble. I will feel bad if they lose the case.

 

[Killing Floor]

Uh, last I checked there's this thing called the internet. Come on, dude.

EDIT: plus, I would guess she had no idea this was ripped off. But it almost certainly was. Unless you are suggesting that clever musicians only rip off hugely successful acts, cuz, yeah, that would be real smart.

I'm suggesting that the more obscure the band, the less likely a platinum-selling artist from another nation would hear that song. Yeah, I understand how internet works. I also subscribe to and actively listen to dozens of new music blog streams. But it reads like you're saying there is no such thing as "obscure" because there is the internet. There are hundreds of thousands of recorded artists and hundreds of thousands of non-published artists. It's mathematically reasonable to say there are more bands she hasn't hear than she has. Do you not agree?

 

[DWBass]

Same, not similar. Looks like an open and shut case.

Sorry! Not the same.