Dua Lipa won the dismissal on Thursday of a lawsuit in Manhattan accusing the British pop star of copying her 2021 megahit Levitating from a 1979 disco song.
US District Judge Katherine Polk Failla said L Russell Brown and Sandy Linzer failed to show "substantial similarity" between Levitating and their song Wiggle and Giggle All Night, though some listeners could hear similarities.
The plaintiffs alleged that Levitating copied its "signature melody" from Wiggle and another song to which they held a copyright.
But the judge found that melody unprotectable in light of November's federal appeals court decision that Ed Sheeran's 2014 song Thinking Out Loud did not illegally copy Marvin Gaye's classic Let's Get It On.
Failla also found several other alleged similarities between Levitating and Wiggle were commonplace, having appeared in Mozart and Rossini operas, Gilbert and Sullivan operettas, and Stayin' Alive by the Bee Gees.
"A musical style, defined by plaintiffs as 'pop with a disco feel,' and a musical function, defined by plaintiffs to include 'entertainment and dancing,'" cannot possibly be protectable," Failla wrote.
To hold otherwise, she said, would "completely foreclose the further development of music in that genre or for that purpose."
Jason Brown, a lawyer for the plaintiffs, said they plan to appeal.
"This case has always been about standing up for the enduring value of original songwriting," Brown, who is L Russell Brown's nephew, said in an email.
Lawyers for Lipa, her label Warner Records and other defendants did not immediately respond to requests for comment.
They called it implausible to believe Lipa, 29, heard Wiggle before writing Levitating, and said the plaintiffs could not "monopolise one of the most commonplace and rudimentary elements of music: the use of a minor scale."
Levitating, from Lipa's album Future Nostalgia, was the No. 1 song on Billboard's 2021 year-end chart. Reuters
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