Dua Lipa's lawyers have fired their opening salvo in her “Levitating” legal battle, telling a judge that the superstar had no access or exposure to the pair of disco tracks named in a copyright infringement lawsuit.
“The ‘Levitating’ writers never heard the compositions. The alleged similarities — a descending scale in which each pitch is repeated on evenly spaced notes, and a common clave rhythm— are unprotectable, and the result of the coincidental use of basic musical building blocks,” Lepera argues.
“With respect to ‘Wiggle,’ the complaint merely alleges it achieved certain success in the Netherlands four decades ago. This does not establish ‘saturation,’ and there is no allegation that the songwriters of ‘Levitating’ were in the Netherlands — or, indeed, had even been born — at that time,” the letter reads.
Lepera further argues that the songs’ “mere availability” on streaming services isn’t enough either considering the “many millions of musical recordings” available online. She also argues the complaint doesn’t show “Don Diablo” was registered with the U.S. Copyright Office prior to the commencement of the lawsuit, and it doesn’t explain how the song might fall within an exception to the registration requirement.
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