Thread by @Variety

Dua Lipa was hit with two copyright infringement lawsuits surrounding her mega-hit “Levitating.”

While the song shares similarities with the plaintiffs’ work, expert musicologists explain why determining infringement requires more than meets the ear. bit.ly/3wdlznB

“Sounding alike is almost always unimportant,” says E. Michael Harrington, a musicologist who consulted on Katy Perry’s “Dark Horse” case and was approached by plaintiffs in the Lipa suit in their attempt to defeat the pop star. bit.ly/3wdlznB

Florida reggae band Artikal Sound System accused Lipa of copying its 2017 song “Live Your Life.” Songwriters L. Russell Brown and Sandy Linzer allege that Lipa stole from two of their songs — “Wiggle and Giggle All Night” (1979) and “Don Diablo” (1980). bit.ly/3wdlznB

“Sometimes this word leads to this word leads to that word. It’s the same with musical notes,” Harrington says, comparing melodies to language. “What juries need to understand is that you can independently come up with the same notes without copying.” bit.ly/3wdlznB

According to Judith Finell, the musicologist who delivered the landmark expert testimony on behalf of the Marvin Gaye estate in the infamous “Blurred Lines” case, what’s protected by copyright are “specific series of expressions of music — not ideas.” bit.ly/3wdlznB

“That means a series of lyrics, a series of pitches or rhythms that formulate a melody, a series of chords or harmonies, and other kinds of identifiable features. Songs can share style and not end up in a copyright suit,” notes Finell. bit.ly/3wdlznB

Perhaps the biggest hurdle for Artikal Sound System, Brown and Linzer is proving that their own work is sufficiently original. In this case, that might be an uphill battle. bit.ly/3wdlznB

“There are 140,000 words in the copyright law. The most important is original,” notes Harrington. “It says, ‘Copyright protection subsists in original works of authorship.’” bit.ly/3wdlznB

In other words, while the plaintiffs claim that Lipa infringed on their copyrighted expression, the very ideas they claim as original can be found in numerous examples of earlier songs, rendering their case for originality quite flimsy. bit.ly/3wdlznB

So what happens next?

While it’s possible that these lawsuits will go before a jury, Lipa may also seek to settle outside of court, a trend that has seemingly increased in the years following the “Blurred Lines” case. bit.ly/3wdlznB

The "Blurred Lines" case united musicians against what they saw as frivolous lawsuits. In 2016, 212 music industry professionals banded behind the artists & filed an amicus brief, arguing the court must reestablish its “limits on the scope of copyright.” bit.ly/3wdlznB

Harrington says that he, and presumably the other musicologists contacted by Brown and Linzer, declined involvement in the Lipa suit because he feels strongly that “Levitating” is not an example of copyright infringement. bit.ly/3wdlznB

With prominent music theorists denouncing the litigation and expert witnesses hesitant to join the fight against Lipa, only time will tell whether the pop star will face legal consequences, settle outside of court or come out unscathed. bit.ly/3wdlznB

.@ethanshanfeld reports on what you need to know about the lawsuits against Dua Lipa.

But for now, here are all of the works in question. You be the judge. bit.ly/3wdlznB