https://www.rollingstone.com/music/music-news/sam-smith-normani-copyright-lawsuit-dancing-with-a-stranger-1235630558/
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“The judge said Smith, Normani, and the other defendants had failed to establish that the plaintiffs’ song was derived from those alleged unauthorized samples.”
“Toni Anne Barson/WireImage The lawsuit claiming Sam Smith and Normani ’s multi-platinum dance hit “Dancing With A Stranger” stole its hook from a 2015 song by the same name is heading to trial after a federal judge in Los Angeles rejected the musical duo’s latest bid to toss the case.”
““Here, defendants would have the court compare pitch sequences alone, then rhythm alone, then metric placement alone, then contour alone.”
“Copyright protection, he argued, does not extend to portions of a work that unlawfully incorporate preexisting copyrighted material.”
“Account Welcome Manage Account Manage Print Account Sign Out Log In Infringement Claim Sam Smith, Normani Copyright Lawsuit Over ‘Dancing With a Stranger’ Heads to Trial A federal judge refused to dismiss the lawsuit over the multi-platinum dance hit By Nancy Dillon Nancy Dillon Contact Nancy Dillon on X Contact Nancy Dillon by Email Sam Smith, Normani Copyright Lawsuit Over ‘Dancing With a Stranger’ Heads to Trial Taylor Swift’s ‘Life of a Showgirl’ Trademark Fight Escalates as Lawyers Call Lawsuit ‘Nonsensical’ Harvey Weinstein Gets 15 Years For ‘Project Runway’ Staffer Assault After First Conviction Overturned View all posts by Nancy Dillon September 23, 2026 Add us as a Google Preferred Source Sam Smith and Normani perform on Dec.”
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“In July, lawyers for Smith and Normani again asked the court to throw out the case, arguing that experts for the plaintiff songwriters Jordan Vincent, Christopher Miranda, and Rosco Banlao had failed to show the “striking similarity” needed to keep the claims alive.”
“Judge Hsu disagreed.”
“Specifically, those two samples run throughout the hook, which is the only alleged similarity,” Anderson said.”
““Plaintiff’s counsel says they’re virtually imperceptible.”
“Well, that means they’re perceptible.” Fluehr responded that the dispute ultimately turned on “a musicological dispute, [and] that’s for a jury.” Judge Hsu highlighted that argument.”
““Plaintiffs have sufficiently introduced an issue of material fact regarding striking similarity and independent creation which precludes a finding of no copyright infringement on summary judgment,” Judge Hsu wrote.”
“Hsu said there was no “well-defined standard” for determining when similarities in the selection and arrangement of musical elements become “striking.” But he said the Ninth Circuit, the federal appeals court that oversees California, has made clear that “analyzing each element in isolation is improper.” The judge also found a “dispute of material fact” over the defendants’ claim that the plaintiffs’ 2015 song, “Dancing With a Stranger,” incorporated unauthorized samples from two other copyrighted works and therefore was not entitled to protection.”
“Related Content Taylor Swift’s ‘Life of a Showgirl’ Trademark Fight Escalates as Lawyers Call Lawsuit ‘Nonsensical’ Melania on Trump’s Second Term: ‘He’s Doing the Best He Can’ Harvey Weinstein Gets 15 Years For 'Project Runway' Staffer Assault After First Conviction Overturned Inside the Progressive Creator House Trying to Close the Political Influencer Gap “The two samples run throughout the plaintiff’s work.”
“Questions about earlier musical works have loomed over the case throughout the years-long litigation.”
““Evidence of independent creation is insufficient to justify summary judgment, as it must be weighed against plaintiff’s prima facie case of copying,” the judge wrote.”
“The ruling was in keeping with a tentative position he outlined during oral arguments at a hearing on Sept.”