Labels, publishers, and songwriters across the urban and Black music sectors must pay close attention as Sam Smith and Normani Hamilton move to permanently end a copyright infringement lawsuit threatening their 2019 global hit “Dancing With a Stranger.” The defense team filed a summary judgment motion urging a federal judge to shut down the case without a trial, arguing the plaintiff cannot meet the legal standard required to prove copying.
Legal Team Targets Fatal Defect in Plaintiff’s Claim
The lawsuit alleges that the chart-topping track, which reached No. 7 on the Billboard Hot 100 and spent 45 weeks on the chart, stole its hook from Jordan Vincent’s 2015 song “Dancing With Strangers.” While a lower court previously dismissed the case in 2023, the Ninth U.S. Circuit Court of Appeals reinstated it last year, determining a jury could find the hooks “substantially similar.” However, Smith and Normani’s lawyers now contend that Vincent conceded during discovery there is no evidence the songwriting team ever heard the earlier track. This concession forces the plaintiff to prove the songs are “strikingly similar”—nearly identical to the point where copying is the only logical explanation.
Defense attorneys from Davis Wright Tremaine argue the similarities are merely a four-word phrase that has appeared in over fifteen songs prior to Vincent’s work, alongside unprotected musical pitches and rhythms. The motion also highlights a newly discovered “fatal defect”: Vincent’s song allegedly sampled two earlier tracks, “The Ha Dance” by Masters at Work and “Think (About It)” by Lyn Collins, without licenses. This unauthorized sampling could render Vincent’s copyright invalid, providing a second ground for dismissal.
Plaintiff Argues for Jury Trial Despite Evidence Gap
Vincent’s attorney, Fluehr of Francis Alexander LLC, opposes the dismissal, claiming the two hooks share “virtually identical” pitch sequences and “nearly identical” melodic contours. He asserts the selection and arrangement of the phrase is unique in music history, describing it as a “fingerprint” linking the songs. Fluehr dismisses the sampling issue as frivolous and irrelevant. He also points to a 2015 instance where Smith granted post-release writing credit for “Stay With Me” due to similarity claims, suggesting the defendants’ songwriting process is not entirely independent. Smith’s legal team rejects this comparison as outlandish.
A federal judge in Los Angeles is scheduled to consider the summary judgment motion at an August hearing. The court will then decide whether to terminate the litigation or send it to trial, though a settlement remains a possibility. This outcome will significantly impact how rights holders defend against claims based on common phrases and unprotected musical elements.
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