A Florida reggae band that sued Dua Lipa for copyright infringement has dropped the lawsuit days after a judge ruled that the lawsuit was weak and that the band failed to prove a critical part of their lawsuit- that Dua Lipa had access to copy the song.
The band Artikal Sound System had sued the chart-topping artist for allegedly copying their track “Live Your Life” and using it in her smash single, “Levitating,” which is one of the biggest commercial singles of 2020.
However, on Monday, United States District Judge Sunshine Sykes found that the reggae band failed to prove their claim that the singer had had access to their track and was able to copy the essential part of the song- the hook and incorporate it into her song.
American copyright law requires proof that the accused party had access to the copied track. The judge had focused on the band’s claims that it performed the track, especially the size of the crowds and the popularity of the song, and that a co-writer was associated with the brother-in-law of one of the band members.
However, the judge was not convinced and rejected that connection.
“These attenuated links, which bear little connection to either of the two musical compositions at issue here, also do not suggest a reasonable likelihood that defendants actually encountered plaintiffs’ song,” Judge Sykes said.
On Wednesday, both Artikal and Dua Lipa filed a joint notice to dismiss the case, Billboard reported, despite the judge allowing Artikal to refile its amended claim in two weeks.
According to Dua Lipa’s attorney Christine Lepera, there was no settlement, and the band had retracted its lawsuit on its own accord.
“Following the court’s decision dismissing their complaint, the plaintiffs voluntarily chose to discontinue the case with prejudice, without any consideration whatsoever from the defendants, who were prepared to vigorously defend any continuation of the case,” Lepera said.
Dua Lipa has another case pending for copyright infringement concerning “Levitating,” as another artist claims she copied his 1982 song. That case hasn’t been set for trial as yet.
