Blab Music
Sam Smith and Normani Seek to Dismiss Copyright Suit Over 2019 Hit
In a move that could set a new precedent for how pop hooks are defended in court, Sam Smith and Normani, together with their co‑writers and major record‑label partners, filed a motion for summary judgment on July 7. The motion seeks to dismiss a lawsuit that alleges the duo’s 2019 single "Dancing with a Stranger" lifted the hook from a 2015 song titled "Dancing With Strangers." The claim was brought by Sound and Color LLC, a company owned by songwriter Jordan Vincent and the production duo SKX.
The dispute first entered the courtroom in 2022 when Sound and Color filed suit in federal court in California. A state judge dismissed the claim in 2023, ruling that the evidence did not support infringement. However, the Ninth Circuit Court of Appeals reversed that dismissal in 2025, ordering the case to proceed to trial so a jury could assess the similarity between the two hooks. The appellate court also mandated a new discovery phase focused on whether Smith, Normani, and their collaborators had copied the earlier song.
During discovery, Sound and Color dropped several allegations, including the claim that the defendants had reasonable access to the 2015 track. The plaintiffs now must prove that the two songs are "strikingly" similar—a higher standard than the original claim. They argue that the phrase "dancing with a stranger" has appeared in more than fifteen songs before their own, citing examples such as a track by Cyndi Lauper. The plaintiffs contend that many of the elements they assert as copied are unprotected pitches and rhythms that are common in pop music.
In addition, the plaintiffs point to unlicensed samples in the 2015 song. They claim that because the earlier track contains two unlicensed samples, it cannot be protected by copyright, and therefore the defendants cannot claim infringement. Musicologist Ronald Sadoff has publicly disagreed with this argument, stating that the fact that a song contains unlicensed samples does not negate its copyright protection.
The motion will be heard in Los Angeles on August 14. If the court grants summary judgment, the lawsuit will be dismissed without a trial. If the motion is denied, the case will proceed to trial where a jury will evaluate the hook similarity and the validity of the plaintiffs’ claims.
"Dancing with a Stranger" was a commercial success, reaching number seven on the U.S. Billboard Hot 100 and spending 45 weeks on the chart. The song was certified 4× Platinum in the United States and 8× Platinum in Australia. The lawsuit’s outcome could have implications for how copyright law treats common lyrical phrases and melodic hooks in pop music.
The parties involved in the case include UMG Recordings, Sony Music Publishing, and Downtown Music Publishing, all of whom have a stake in the outcome. The lawsuit remains pending, with the next court hearing scheduled for mid‑August. No further statements have been released by either side.
The dispute first entered the courtroom in 2022 when Sound and Color filed suit in federal court in California. A state judge dismissed the claim in 2023, ruling that the evidence did not support infringement. However, the Ninth Circuit Court of Appeals reversed that dismissal in 2025, ordering the case to proceed to trial so a jury could assess the similarity between the two hooks. The appellate court also mandated a new discovery phase focused on whether Smith, Normani, and their collaborators had copied the earlier song.
During discovery, Sound and Color dropped several allegations, including the claim that the defendants had reasonable access to the 2015 track. The plaintiffs now must prove that the two songs are "strikingly" similar—a higher standard than the original claim. They argue that the phrase "dancing with a stranger" has appeared in more than fifteen songs before their own, citing examples such as a track by Cyndi Lauper. The plaintiffs contend that many of the elements they assert as copied are unprotected pitches and rhythms that are common in pop music.
In addition, the plaintiffs point to unlicensed samples in the 2015 song. They claim that because the earlier track contains two unlicensed samples, it cannot be protected by copyright, and therefore the defendants cannot claim infringement. Musicologist Ronald Sadoff has publicly disagreed with this argument, stating that the fact that a song contains unlicensed samples does not negate its copyright protection.
The motion will be heard in Los Angeles on August 14. If the court grants summary judgment, the lawsuit will be dismissed without a trial. If the motion is denied, the case will proceed to trial where a jury will evaluate the hook similarity and the validity of the plaintiffs’ claims.
"Dancing with a Stranger" was a commercial success, reaching number seven on the U.S. Billboard Hot 100 and spending 45 weeks on the chart. The song was certified 4× Platinum in the United States and 8× Platinum in Australia. The lawsuit’s outcome could have implications for how copyright law treats common lyrical phrases and melodic hooks in pop music.
The parties involved in the case include UMG Recordings, Sony Music Publishing, and Downtown Music Publishing, all of whom have a stake in the outcome. The lawsuit remains pending, with the next court hearing scheduled for mid‑August. No further statements have been released by either side.
