Earlier this week, a federal judge dismissed the Dua Lipa “Levitating” lawsuit, questioning whether the London-born artist had in fact accessed the allegedly infringed track. Now, despite being given leave to amend the complaint, the plaintiffs have agreed to drop the action.
The joint stipulation of dismissal was just recently submitted by attorneys for the plaintiffs (members of a Florida-based band called Artikal Sound System) and the defendants (Warner Records, Dua Lipa, and other “Levitating” creators). According to the filing, the case has been dismissed with prejudice, and each side of the (relatively) short-lived showdown will bear its own costs.
At the time of writing, neither the defendants nor Artikal Sound System (which has booked a number of shows throughout the remainder of 2023) had taken to social media to comment on the Dua Lipa “Levitating” lawsuit dismissal. Contrasting many separate infringement actions, fan comments over the course of the legal battle appeared generally supportive of Artikal Sound’s claims and complaint.
“Super talented group,” a new supporter weighed in on a YouTube video of the allegedly stolen song. “I’m feeling this version more …so much more authentic. I’m glad the copyright is allowing for a little more exposure. Definitely gonna listen to this group more.”
In any event, the suit represents just one of several infringement actions that the 27-year-old singer-songwriter has been named in over “Levitating,” which has racked up approximately 2.5 billion streams on Spotify alone.
To be sure, upon dismissing the Dua Lipa “Levitating” lawsuit with leave to amend, the presiding judge also rejected a request from the three-time Grammy winner to transfer the case to New York, where plaintiffs called Larball Publishing Company and Sandy Linzer Productions are suing for infringement.
Initially submitted in March of 2022, the latter centers on elements of 1979’s “Wiggle and Giggle All Night” (which was recorded by Cory Daye) and 1980’s Spanish-language “Don Diablo” (which was recorded by Miguel Bosé) that were allegedly lifted and used without permission to create “Levitating.”
In moving to dismiss the straightforward suit – and particularly the allegations involving “Wiggle and Giggle All Night” – the “Levitating” songwriters as well as fellow defendants including Warner Records and Sony Music Publishing said the complaint had failed “to allege a plausible claim of access” to the allegedly infringed work.
Additionally, the filing entities allegedly failed to disclose “the existence—let alone the registration number—of a valid U.S. copyright registration for” the purportedly copied track. Earlier this year, Drake was named in a $10 million infringement action concerning “Calling My Name,” whereas 23-year-old GloRilla was sued over “Tomorrow.”