Every 26th April, World Intellectual Property Day celebrates the creativity and innovation that drive progress. This year’s theme is “IP and music: Feel the beat of IP” and as Moore Barlow marks this day, it’s a chance to reflect on the value of original ideas and the importance of safeguarding them for future generations.
On 27th March 2025, pop sensation Dua Lipa successfully defended against a copyright infringement lawsuit concerning her hit single ‘Levitating’. U.S. District Judge Katherine Polk Failla dismissed the case brought by songwriters L. Russell Brown and Sandy Linzer, who alleged that ‘Levitating’ copied elements from their 1979 and 1980 tracks, ‘Wiggle and Giggle All Night’ and ‘Don Diablo’, respectively.
Brown and Linzer claimed that Dua Lipa’s song incorporated their “signature melody” multiple times, constituting a significant portion of ‘Levitating’. However, the Judge ruled that the shared elements, such as descending scales and rhythmic patterns, were generic musical components not protected by copyright. She emphasised that these elements are commonplace in the pop genre and allowing ownership over them would hinder musical creativity.
Despite this victory, Dua Lipa has faced multiple legal challenges over ‘Levitating’. In a separate case, reggae band Artikal Sound System accused her of copying their 2017 song ‘Live Your Life’. That case was dismissed in June 2023 due to insufficient evidence that Dua Lipa had access to the band’s work.
The most recent ruling aligns with previous decisions in similar cases in the US and UK, including the notable case involving Ed Sheeran and his hit song ‘Shape of You’, where, in 2022, the High Court of England and Wales determined that whilst there were similarities between the hooks of the songs, Sheeran had neither deliberately, nor subconsciously copied Sam Chokri’s ‘Oh Why’, and as such certain musical similarities fall outside the scope of copyright protection.
Copyright protects creative work as soon as it’s created. There’s no need to fill out forms or register anything in the UK. Whether you’re writing a book, composing music, or filming a video, the moment your idea takes a tangible form, it’s protected by law.
There are two main types of infringement:
- Primary Infringement happens when someone copies protected work without permission. No intention is needed; if the work is substantially similar and the person had access to the original, that’s usually enough.
- Secondary Infringement applies when someone helps distribute or use infringing copies and knew (or should have known) they were infringing.
What happens if copyright is infringed?
If copyright is infringed, the original creator may be entitled to damages (often based on what a licence would’ve cost) or an injunction to stop the use of the infringing copy. However, damages might not be awarded if the infringer genuinely didn’t know or realise they were copying someone’s protected works.
From viral videos and remixes to song sampling and AI-generated content, copyright is more relevant than ever. Intellectual Property is a fast-evolving area of law and keeping on top of it can save you from expensive legal trouble down the line.
How Moore Barlow can help
Moore Barlow’s Commercial and Dispute Resolution teams are well placed to provide you with support, whether you need to license your copyrighted work, or take action against an infringing party, Moore Barlow can help.
