https://www.rollingstone.com/music/music-news/sam-smith-normani-copyright-case-judge-signals-no-dismissal-1235625637/
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“In July, lawyers for Smith and Normani filed a new motion for summary judgment seeking to toss the copyright claims from songwriter Jordan Vincent.”
“He argued copyright protection doesn’t extend to portions of a work that unlawfully incorporate preexisting copyrighted material.”
“The only decision for me is whether they have some foundation for those opinions, and I believe that they do.” He noted that Vincent now faces a higher burden because he withdrew his theory that the creators of the Sam Smith and Normani song had access to his 2015 song through widespread dissemination.”
“Account Welcome Manage Account Manage Print Account Sign Out Log In Copyright Claim Sam Smith, Normani Copyright Case Likely Headed for Trial As Judge Signals No Dismissal A federal judge said Friday he was leaning toward denying a summary judgment bid and sending the copyright battle over the multi-platinum hit “Dancing With a Stranger” to trial By Nancy Dillon Nancy Dillon Contact Nancy Dillon on X Contact Nancy Dillon by Email Jay-Z Loses Appeal to Revive Extortion, Defamation Lawsuit Against Lawyer Who Filed Rape Claim Celeste Rivas Hernandez’s Parents Sue D4vd for Wrongful Death Lil Durk Closings: Prosecutors Hammer ‘Revenge,’ Defense Cites ‘Tsunami of Reasonable Doubt’ View all posts by Nancy Dillon September 11, 2026 Sam Smith and Normani Joseph Okpako/WireImage; Paras Griffin/Getty Images A federal judge signaled Friday he would deny the latest bid by Sam Smith and Normani to vanquish the copyright lawsuit claiming their multi-platinum dance hit “Dancing With a Stranger” stole its hook from a 2015 song by the same name.”
“Well, that means they’re perceptible.” When it was his turn to respond, Vincent’s lawyer, Alfred J.”
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“Specifically, those two samples run throughout the hook, which is the only alleged similarity,” Anderson argued.”
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“Hsu said his tentative ruling was to deny the motion for summary judgment.”
“Before either of the songs at the center of the lawsuit was released, Cyndi Lauper recorded her 1989 song titled “Dancing With a Stranger.” The Eurobeat artist Regina also released a 1997 song, “Dancing With an Angel,” that lawyers for Smith and Normani said contains a descending melodic phrase similar to those in the songs now at issue.”
“The long-running lawsuit was first filed in 2022, dismissed a year later , and then revived on appeal .”
““The two samples run throughout the plaintiff’s work.”
“And as a result, he said, Vincent must now show that the two songs are not merely substantially similar, but “strikingly similar.” But either way, the claims appear strong enough to go to a jury, he said.”
“That’s for a jury,” he said.”
““Plaintiff’s counsel says they’re virtually imperceptible.”
“Peter Anderson, a lawyer for Smith and Normani, argued that the proper test was whether it was “virtually impossible that the works could have been independently created.” He said the plaintiffs could not meet that standard based on four or five alleged similarities involving musical elements that he described as “commonplace in the musical world.” “Plaintiffs’ argument is like saying it’s virtually impossible that the works could have been independently created,” Anderson said.”
“‘The Bear’ and the End of Prestige TV Judge Hsu appeared to agree, saying, “What they’re arguing here is that the protectable hook is not itself a sample.” He ended the 45-minute hearing by taking the matter under submission and saying he would issue a written ruling later.”
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