Musicbusinessworldwide.com
Sam Smith and Normani have asked a California federal court to dismiss a copyright lawsuit alleging their 2019 hit “Dancing With a Stranger” copied an earlier song with a nearly identical title, arguing the plaintiff lacks evidence of copying and that the older track itself relies on unlicensed samples.
The motion for summary judgment, filed July 7, seeks to end the case without a trial. It marks the second attempt by Smith, Normani, their co-writers and affiliated music companies, including UMG Recordings, Sony Music Publishing and Downtown Music Publishing, to have the lawsuit dismissed.
The case was filed in 2022 by Sound and Color LLC, a company owned by songwriter Jordan Vincent and production duo SKX. The company alleges that “Dancing With a Stranger” infringes on its 2015 song “Dancing With Strangers,” claiming the later release copied its hook.
Although a federal judge dismissed the lawsuit in 2023, the Ninth Circuit Court of Appeals revived the case last year, ruling that a jury should determine whether the songs’ hooks are substantially similar.
Since then, the litigation has entered a second phase focused on whether Smith and their collaborators actually copied the earlier work. According to the defendants, Sound and Color has since abandoned its claims that the songwriters had access to the 2015 track after discovery allegedly showed that streaming figures cited in the complaint were inflated by bot activity.
Instead, the plaintiff is now relying solely on a legal theory known as “striking similarity,” which allows copyright claims to proceed without proof of access if two works are so alike that independent creation is virtually impossible.
The defendants argue that the standard has not been met, contending that the similarities are limited to the phrase “dancing with a stranger” and common melodic and rhythmic elements that are not protected under copyright law. They note that the phrase has appeared in numerous songs predating the plaintiff’s work, including one recorded by Cyndi Lauper.
The motion also introduces a separate argument for dismissal, alleging that “Dancing With Strangers” incorporates unlicensed samples from “The Ha Dance” by Masters at Work and “Think (About It)” by Lyn Collins throughout the choruses containing the disputed hook. The defendants argue that because those samples were never licensed, the plaintiff cannot claim copyright protection over the portions of the recording built around them.
A hearing on the motion is scheduled for Aug. 14 in the U.S. District Court for the Central District of California.
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