A recent federal court session indicates that the copyright dispute involving Sam Smith and Normani’s hit “Dancing With a Stranger” is unlikely to be dismissed outright. The lawsuit, which claims that the song’s hook is derived from a 2015 track of the same name, is poised to move forward, with U.S. District Court Judge Wesley L. Hsu signaling a denial of a motion for summary judgment by the artists.
Judge Signals No Dismissal
The copyright lawsuit, which initially surfaced in 2022, was dismissed a year later, only to be revived following an appeal. This past July, legal representatives for Smith and Normani submitted a new motion aimed at dismissing the copyright claims put forth by Jordan Vincent, the songwriter behind the contested 2015 track.
During Friday’s session, Judge Hsu indicated his tentative ruling would reject the motion for summary judgment. He stated, “I reject the defendants’ attempt to categorically exclude the testimony of the two experts from the plaintiff. While I don’t agree with the conclusions of the experts, that is not a decision for me.” The judge elaborated, noting that Vincent has a more challenging burden of proof since he revoked his prior assertion that Smith and Normani’s team had access to his song through its widespread dissemination.
Higher Burden for Plaintiff
Judge Hsu emphasized that Vincent must now demonstrate not just substantial but “strikingly similar” elements between the two songs. “Even though it’s a higher standard, and the jury should be instructed accordingly, I don’t find a basis for me to find, as a matter of law, that copying didn’t occur,” he stated. This sets the stage for a trial, as the judge believes the claims are sufficiently robust to warrant jury evaluation.
Smith and Normani’s lawyer, Peter Anderson, contended that the standard should focus on the “virtually impossible” nature of independent creation. He argued that the plaintiffs’ claims do not satisfy this standard based on a few alleged similarities he characterized as “commonplace in the musical world.” Anderson added, “Plaintiffs’ argument is like saying it’s virtually impossible that the works could have been independently created.”
Defense Arguments
Anderson also highlighted another potential flaw in the lawsuit, citing that Vincent’s 2015 song incorporates unauthorized samples from two earlier works, “The Ha Dance” by Masters at Work and Lyn Collins’ “Think (About It).” He argued that copyright protection doesn’t cover portions of a work that unlawfully include pre-existing copyrighted material. “The two samples run throughout the plaintiff’s work. Specifically, those two samples run throughout the hook, which is the only alleged similarity,” Anderson stated, questioning the relevance of the so-called similarities.
In response, Vincent’s attorney, Alfred J. Fluehr, expressed agreement with the court’s tentative position, arguing, “This is a musicological dispute. That’s for a jury.” Judge Hsu appeared to concur, citing the complexity surrounding what constitutes a protectable hook.
Prior Art Considerations
As the hearing concluded, Judge Hsu took the matter under submission, promising a written ruling at a later date. The legal battle has also brought to light questions regarding prior art. Notably, Cyndi Lauper’s 1989 song titled “Dancing With a Stranger” and a 1997 track “Dancing With an Angel” by Eurobeat artist Regina have been referenced, with arguments made regarding their melodic similarities to the contested songs.
