Temporary Dismissal of Copyright Case Against Dua Lipa’s ‘Levitating‘: A Win for Pop Music?
Pop star Dua Lipa has won a temporary dismissal of the copyright case filed against her 2020 track ‘Levitating‘ by Florida reggae band Artikal Sound System. The band alleged that Lipa’s hit song borrowed its main hook from their 2017 track ‘Live Your Life.’ However, the judge overseeing the case in the US District Court ruled that Artikal Sound System failed to prove that Lipa had “access” to their song, which is necessary to win a copyright case.
The Case Details and Ruling
The lawsuit was filed in March 2020, a year after Dua Lipa’s ‘Levitating‘ broke records by being the longest-charting song by a female artist on the Billboard Hot 100 chart, spending 77 weeks on the chart. Artikal Sound System claimed that the reggae beats of their song ‘Live Your Life’ were copied by Lipa’s hit song. The band cited a ‘theory’ that Lipa’s co-writers had worked with someone who was allegedly taught guitar by one of the band members’ brothers-in-law, thus providing Lipa access to their song.
However, Judge Sunshine S. Sykes deemed the band’s links as “too convoluted” and had no connection with the two musical compositions at the centre of the case. The judge also dismissed Artikal Sound System’s claim that their song was widely available, stating that “too generic or too insubstantial” references, such as selling “several hundred” physical CDs and streaming the song, are insufficient to prove Lipa had access to it.
Copyright Infringement Cases in Music
The dismissal of the case against Dua Lipa comes in the light of several recent high-profile music copyright infringement lawsuits, the most notable of which involved Ed Sheeran’s ‘Shape of You.’ In that case, Sheeran was sued for copying elements from Marvin Gaye’s ‘Let’s Get it On,’ but won the case twice against such claims.
The increasing number of music copyright cases raises questions about the extent and limits of originality in pop music. While it is understandable that artists want to protect their music and creative work, the question of what constitutes genuine creativity bears an important philosophical and ethical significance that goes beyond the courtroom.
The Philosophical Significance of Creativity in Pop Music
Pop music is often viewed as a mass-produced, commercial enterprise that has little to do with genuine artistry, originality, or creativity. Critics often complain that pop music is formulaic and repetitive, driven more by market forces than creative impulses. However, defenders of pop music argue that its very simplicity and accessibility give it a universal appeal that transcends cultural, linguistic, and socio-economic barriers.
At the heart of the debate lies the question of what creativity means in the realm of pop music. Is it merely a matter of selecting, arranging, and mixing pre-existing sounds, rhythms, and melodies to create something new, or does it require a deeper level of inspiration, imagination, and intentionality? Can one claim ownership of a particular chord progression, riff, or beat, or are these elements part of a shared musical vocabulary that belongs to no one?
The Ethical Significance of Creativity in Pop Music
Questions about originality and ownership in pop music raise ethical concerns as well. On the one hand, artists deserve recognition and fair compensation for their creative work, which involves significant effort, skill, and risk-taking. On the other hand, they also owe a debt of gratitude and respect to the musical traditions, genres, and communities that have influenced and shaped their work.
Additionally, the commercial nature of pop music means that it is often subject to market pressures, which can lead to conflicts between artistic integrity and commercial success. Artists may be tempted to compromise their vision, authenticity, and creativity to appeal to a wider audience or secure a lucrative record deal. Such compromises can undermine the ethical values of artistic autonomy, authenticity, and integrity that are crucial to the legitimacy and meaningfulness of artistic expression.
Editorial and Advice
The dismissal of the copyright case against Dua Lipa’s ‘Levitating‘ is a welcome development for pop music, as it reinforces the importance of evidence, proof, and reason in legal cases. However, it also highlights the need for a more nuanced and comprehensive understanding of creativity, originality, and ownership in pop music. While it is tempting to see pop music as a simplistic, formulaic, and commercial genre, it is also a rich and diverse cultural practice that reflects the hopes, fears, dreams, and aspirations of millions of people.
As consumers and producers of pop music, we have a responsibility to appreciate, respect, and support the creativity and originality of artists while also recognising the complexity and diversity of musical influences, traditions, and cultures that shape their work. As the philosopher Immanuel Kant once observed, “Beauty is not what pleases us, but what we recognise as beautiful.” By recognising the beauty and value of pop music, we can promote a more ethical and enriching culture of musical appreciation and creation.
<< photo by Lacie Slezak >>
