Several defendants, including Sony Music Entertainment and songwriters of "Better" (2020), have filed a motion to dismiss a copyright infringement lawsuit against Zayn Malik. The lawsuit was filed by Formal Entertainment in September 2023, claiming unauthorized use of elements from their 2018 track "Somebody Tonight."

Key Points of the Case:

• Formal Entertainment's managing member, Havyn (Patrick Simmons), claims Malik and others copied significant compositional elements from "Somebody Tonight"
• The alleged infringement occurred after Havyn employed Modern Music Marketing (MMM) to promote the song
• MMM reportedly shared "Somebody Tonight" with industry contacts while seeking promotional opportunities

The Defense's Arguments:

• The complaint fails to demonstrate "striking similarity that can only be the result of copying"
• Short melodies (3-7 notes) and chord progressions are not protected by copyright
• There's no evidence showing anyone with access to "Somebody Tonight" participated in creating "Better"
• The lawsuit contains overlapping direct and vicarious copyright claims, which is legally problematic

The defendants are scheduled to formally present their dismissal arguments at an upcoming hearing on the 30th. The case number is 2:23-cv-07888.

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