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Intellectual Property,
9th U.S. Circuit Court of Appeals

May 1, 2025

Copyright suit against Sam Smith, Normani revived by 9th Circuit

A three-judge panel found enough musical and lyrical similarity to warrant a jury trial, reversing a lower court's dismissal in a case over the 2019 hit song, "Dancing With a Stranger."

Copyright suit against Sam Smith, Normani revived by 9th Circuit
Sam Smith performing in 2023. Photo: Geoffrey Clowes/Shutterstock

A 9th U.S. Circuit Court of Appeals panel reversed a defense win for musical artists Sam Smith and Normani in a copyright lawsuit alleging that their 2019 hit single, "Dancing With a Stranger," infringed a 2015 song.

"Here, a reasonable jury could find that the hooks share the same combination of unprotectable elements in substantial amounts," the three-judge panel wrote in an unsigned order Tuesday, reviving the claims by Sound and Color LLC, an entity formed...

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