We don't get as many opportunities to write on copyright matters as we would like, but we now have a great opportunity to write about a copyright dispute that involves one of the biggest artists of our time, the one and only Dua Lipa!
Dua Lipa has been involved in a mega world tour and any music tour must, of course, have a name, and Dua Lipa's tour is called Radical Optimism.
So, what exactly can you expect from Dua Lipa?
Well, for one, Dua Lipa's lyrics are pretty special...try this for size:
You want me, I want you baby, my sugarboo, I'm levitating, the Milky Way we're renegading, yeah yeah... (followed by many more yeahs).
Give me more, you say, OK:
My love is like a rocket, watch it blast off.
But it's not all good news for Dua Lipa! So, let's get on to the legal stuff.
Alleged copyright infringement
In 2022, Dua Lipa was sued for copyright infringement in a US court. The infringement claim related to her hit song Levitating, and two old songs Wiggle and Giggle All Night (intriguing!) and Don Diablo.
The US court case
The case was heard by US Judge Katherine Polk Failla, who found that Dua Lipa had not infringed the earlier songs. But why?
Too common, it's generic
Judge Failla held that the similarities in the songs were generic, and they included 'non-copyrightable musical elements that had also previously been used by Mozart, Gilbert and Sullivan, and the Bee Gees in their song Stayin' Alive'. Yes, you may well scratch your head!
Judge Failla ruled that the elements were far too common to be protected by law. In the judge's words: 'The court finds that a musical style, defined by plaintiffs as 'pop with a disco feel,' and a musical function, defined by plaintiffs to include 'entertainment and dancing,' cannot possibly be protectable.'
The judge went on to say: 'To hold otherwise would be to completely foreclose the further development of music in that genre or for that purpose.'
This is not the first time
The article tells us that this is the second time that Dua Lipa has been involved in, and in fact won, a plagiarism case.
A further challenge
Dua Lipa is facing a further legal challenge over the song, this time from a musician by the name of Bosko Kante, an artist who featured on Levitating. Kante has claimed that his contribution was used on remixes of the song without permission.
Kante is thinking big – he sued in 2023 and claims damages of at least $2m (£1.5m) plus interest, as well as profits from the remixes, which he estimated as being at least $20m (£15m).
As we're based in South Africa, we'll end with some words on copyright in South Africa
Copyright is, of course, a very significant right, but it generally doesn't attract huge interest. In South Africa, however, things are often different, and copyright enjoys considerable interest. It's worth noting that in South Africa:
- Copyright law is outdated: The current legislation, the Copyright Act of 1978, is outdated and comes nowhere near to addressing the complexities of the digital age.
- International norms: A Copyright Amendment Bill (CAB) seeks to bring South African copyright law in line with international norms.
- Considerable debate: The proposed changes contained in the CAB have been hotly debated. So hotly in fact that the legislation has been referred to the Constitutional Court for review.
- Fair use: Issues that have been debated include 'fair use' and the protection of creators' rights.
- Negative consequences: The CAB has faced considerable opposition from many parties who fear that the changes to the law could have unintended negative consequences.
The delays in implementing the much-needed changes to South African copyright law are unfortunate, but let's hope that there is some action soon.
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