A judge dismissed the suit Wednesday, finding the 2019 hit is “not substantially similar” to an earlier song of the same name.
, attacking the lawsuit’s core accusations and arguing that many of the alleged similarities between the two songs — such as the “shape of the melody” — were just common musical tropes or abstract ideas that are not protectable under copyright law.‘s ruling on Wednesday, he wrote that the melodic phrases in question — sections in the hooks where both songs contain the lyrics “dancing with a stranger” — “are not substantially similar.
In coming to his ruling, the judge reviewed the plaintiffs’ claims that “lyrics, pitch sequence, melodic contour, metric placement of the syllables, rhythm, feel, and structure” all represent musical elements that the defendants appropriated — but found that “most if not all of the 28 Plaintiff’s claimed similarities” are not protectable under law. Those that are protectable, Hsu ruled, Smith and Normani’s Dancing With a Stranger” did not unlawfully appropriate.
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