Welcome to The Legal Beat, your weekly digest of critical music law developments. This newsletter from Billboard Pro keeps you informed about significant legal cases and noteworthy happenings in the music industry.
In this edition: Dua Lipa triumphs in a copyright dispute concerning her hit “Levitating”; legal troubles arise for Tony Bennett’s family regarding the late singer’s estate; Angel Del Villar, a notable figure in Latin music, faces serious charges related to cartel connections; and more.
FEATURE STORY: Dua Lipa’s Legal Victory Over “Levitating”
Dua Lipa has successfully defended herself against copyright infringement allegations concerning her popular single “Levitating.” The challenges date back to March 2022, when two separate lawsuits were filed against her within a span of just four days.
Recently, a federal judge issued a ruling in favor of Lipa, rejecting the claims made by songwriters L. Russell Brown and Sandy Linzer, who asserted that Lipa’s track borrowed heavily from their songs, “Wiggle and Giggle All Night” (1979) and “Don Diablo” (1980).
The plaintiffs’ complaint humorously suggested that Lipa “levitated away” their intellectual property. However, Judge Katherine Polk Failla ruled there were no substantive intellectual property rights violated, stating that the similarities noted were merely elements not protected by copyright law.
“It is possible that a ‘layperson’ could listen to portions of plaintiffs’ and defendants’ songs and hear similarities,” Judge Failla wrote. “But…the similarity between the works concerns only non-copyrightable elements of the plaintiffs’ work.”
The other lawsuit against Lipa, brought by Florida’s Artikal Sound System over the 2015 song “Live Your Life,” was withdrawn earlier this year. A separate ruling indicated a lack of evidence showing that anyone involved in the creation of “Levitating” had prior access to the earlier track, a vital consideration in copyright cases.
This legal saga highlights the common struggles that contemporary artists face with copyright issues, much like their peers including Taylor Swift and Ed Sheeran. Lipa can now confidently count herself among those who have faced and successfully navigated such challenges.
OTHER SIGNIFICANT LEGAL HAPPENINGS
FAMILY COURT DRAMA – The daughters of the late Tony Bennett, Antonia and Johanna, have intensified their legal battle against their brother, D’Andrea “Danny” Bennett. They allege that Danny has misused his authority over their father’s estate following the singer’s death in 2023, claiming he engaged in “improper and unlawful conduct” that included taking excessive commissions and making personal gifts. Danny’s representatives have characterized these allegations as “baseless” and assert he acted within his rights.
SERIOUS CHARGES – In notable news from the Latin music scene, Angel Del Villar, CEO of Del Records, was found guilty on felony charges for his alleged dealings with a concert promoter tied to Mexican drug cartels. Prosecutors accused him of facilitating performances with Jesús Pérez Alvear, a promoter facing sanctions for his involvement with such organizations. Del Villar’s legal team plans to appeal the verdict, claiming a miscarriage of justice.
AI IN MUSIC – A significant ruling from a federal judge dismissed Universal Music Group’s request for an injunction against the AI company Anthropic PBC. The request aimed to prevent the use of copyrighted lyrics to train AI systems. The judge noted that whether such use is unlawful remains an undecided issue, indicating that UMG could not demonstrate immediate irreparable harm required for the injunction.
SAMPLING LAWSUIT – Ye, the artist formerly known as Kanye West, faced legal action over allegations of unauthorized sampling of a song by Alice Merton. Merton has expressed her objections, citing her heritage as a descendant of Holocaust survivors and her dislike of being linked to a controversial figure like West, previously scolded for antisemitism. This case is among several legal challenges surrounding sampling faced by West throughout his career.