Ninth Circuit Court Revives Copyright Lawsuit Over Sam Smith's 'Dancing With a Stranger'
A federal appeals court has revived a copyright infringement lawsuit against Sam Smith and Normani concerning their 2019 hit "Dancing With a Stranger." The lawsuit, initially filed by Sound and Color in 2022, alleges that Smith's song copied elements from a 2015 track titled "Dancing With Strangers" by Jordan Vincent and SKX.
Sam Smith Normani copyright lawsuit image
The 9th US Circuit Court of Appeals' three-judge panel determined that a jury could find the hooks of both songs "substantially similar," overturning a lower court's previous dismissal. The lawsuit claims similarities in:
- Song title and lyrics
- Melodic structure
- Overall production elements
- Hook composition and arrangement
The appeals court highlighted that both songs' hooks share multiple musical elements, including:
- Identical lyrics
- Same metric placement at syllable beginnings
- Similar downward melodic contour (from pitch 7 to pitch 3)
While Smith's version has a slower tempo, the lawsuit argues that the similarities become apparent when played at matching speeds. This case joins a growing trend of music copyright disputes reaching jury trials, following recent high-profile cases involving artists like Ed Sheeran.
The matter will now return to a California federal judge for reconsideration, with the appeals court emphasizing the need for jury assessment in determining potential copyright infringement.