DaBaby Dropped From Copyright Lawsuit Against Dua Lipa Over ‘Levitating’

DaBaby has been dropped from a copyright lawsuit accusing him and Dua Lipa of ripping off their smash hit “Levitating” from decades-old songs.

In an order Monday (July 10), a Manhattan federal judge granted a request by lawyers for L. Russell Brown and Sandy Linzer to voluntarily dismiss the rapper from their case, which claims Lipa’s massive hit infringed their 1979 song “Wiggle and Giggle All Night” and their 1980 song “Don Diablo.”

The accusers did not explain why they were dropping their case against DaBaby (real name Jonathan Lyndale Kirk), who featured on a popular remix of Lipa’s song. But they made clear that the case would continue against Lipa herself and music companies involved in the song: “For the avoidance of doubt, plaintiffs maintain and do not hereby dismiss their claims against any other defendant in this matter.”

An attorney for Brown and Linzer declined to comment on why they had dismissed DaBaby from the case. An attorney for DaBaby did not return a request for comment.

Brown and Linzer’s case, filed in March 2022, was one of two federal copyright lawsuits filed in quick succession over “Levitating” — a massive hit that spent 77 weeks on the Hot 100 and was named the No. 1 Hot 100 song of 2021. The case claimed the melody that starts just a few seconds into “Levitating,” when Lipa sings “If you wanna run away with me,” was a “duplicate” of a similar passage featured in the two earlier songs.

The other “Levitating” case, filed just days earlier by a reggae band named Artikal Sound System, claimed Lipa had lifted her song’s core hook from their little-known 2015 song “Live Your Life.” But the band dropped that lawsuit last month, just days after a federal judge cast serious doubt on whether Artikal could prove that Lipa ever even heard their song.

Though Brown and Linzer’s case will continue against Lipa, they could be facing a similar ruling soon.

Last summer, Lipa’s lawyers made the same arguments as they made in the Artikal case, saying the two accusers could not prove that she had ever had “access” to the earlier songs — a make-or-break requirement for any copyright lawsuit. Brown and Linzer’s attorneys have countered that their songs had millions of listens on internet platforms, giving the “Levitating” writers ample opportunity to hear them.

A ruling on that question is pending.

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