What did the Dua Lipa 'Levitating' decision actually decide?

Reporting indicates the court accepted that the elements claimed to have been copied were short, common musical building blocks rather than distinctive expression protected by copyright. The decision is widely seen as reinforcing the principle that basic chord progressions, scales and rhythms are tools available to all songwriters, not the property of any one writer.

Are simple chord progressions or melodies copyrightable?

Generally no. Copyright protects the original expression of an idea, not basic musical building blocks like common chord progressions, scales or short rhythmic patterns. Protection typically attaches to a sufficiently original combination of melody, harmony, lyric and arrangement — not to any single building block in isolation.

Why does this case matter for songwriters and producers?

Because it pushes back on a wave of speculative infringement claims that have made many songwriters and producers nervous about using even standard musical vocabulary. A clearer line between 'common musical elements' and 'protected expression' makes everyday writing and production safer.

What can songwriters do to reduce copyright risk on new releases?

Practical steps include: documenting the writing process (session notes, dated demos), keeping co-writer splits in writing, being deliberate about samples and interpolations, and getting clearance for any borrowed material before release. None of these eliminate risk, but together they substantially reduce it.

Does this decision apply outside the US?

Strictly, no — US court decisions only bind US courts. But major US copyright rulings often influence how similar disputes are argued and analysed in other jurisdictions, including the UK and Australia, where courts also draw a line between unprotectable building blocks and protectable original expression.

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What Dua Lipa's Legal Win Means for Music Creators (and Why It Matters)

Nick Weaser·31 March 2025·Last updated: 31 March 2025

The "Levitating" lawsuit was dismissed because the similarities involved unprotectable elements
Descending scales and common note patterns are basic musical building blocks, not copyrightable
Musical styles, tempos, and established techniques cannot be owned under copyright law
This ruling aligns with the Ed Sheeran precedent on fundamental musical elements
Artists should understand what IS protectable (original expression) vs. what ISN'T (building blocks)

Last week, a US federal judge dismissed a high-profile copyright lawsuit against Dua Lipa over her global hit "Levitating," and the decision could be a turning point for how courts approach music copyright claims.

The Case in a Nutshell

The claimants argued that a short musical phrase in "Levitating" was substantially similar to parts of two older disco-era songs from 1979 and 1980.

However, Judge Katherine Polk Failla ruled in Dua Lipa's favour, finding that the similarities involved were not protectable under copyright law. The musical phrase in question amounted to a descending scale and one additional note—elements considered basic musical building blocks, not original creative expressions.

Why the Case Was Dismissed

The ruling leaned heavily on a recent case involving Ed Sheeran, where the court confirmed that fundamental elements such as chords, scales, and rhythms are not subject to copyright protection.

Judge Failla made it clear: musical styles (like "pop with a disco feel"), tempos, and long-established techniques (such as "patter-style" vocal delivery) are not protectable. To treat them as such would risk closing the door on entire genres.

The Bigger Picture for Artists

This ruling sends a strong signal about how originality is defined in the eyes of the law:

✅ You cannot copyright a scale
✅ You cannot claim ownership of a musical style
✅ You cannot prevent others from working within the same creative space

It's a win for artistic freedom, but also a reminder of how important it is to understand what is, and is not, legally protectable in your own music.

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