May 01, 2025: A federal appeals court has reinstated a copyright infringement lawsuit against Sam Smith and Normani, alleging that their chart-topping hit “Dancing with a Stranger” unlawfully copied elements from a 2015 song of the same name.
On Tuesday, a three-judge panel from the 9th U.S. Circuit Court of Appeals reversed a previous dismissal by a California federal judge, determining that a jury could reasonably find that the musical hooks of the two songs are substantially similar. The case will now return to a lower court for reconsideration.
The decision reflects a broader trend in recent years, where appeals courts have cautioned against prematurely dismissing copyright infringement claims involving creative works. This shift has encouraged more artists and copyright holders to pursue legal action for alleged idea theft. Notably, past dismissals of lawsuits tied to Servant, The Shape of Water, and Pirates of the Caribbean have also been overturned since 2020.
The lawsuit, filed in 2022 by Sound and Color — rights holders to Jordan Vincent and SKX’s “Dancing with Strangers” — alleges that Smith and Normani’s track borrows key elements from their earlier composition, including the title, lyrics, melody, and overall production style.
Attorneys for Smith argued the songs differ in pitch sequences and chord progressions and claimed the hook in Vincent’s song merits only limited protection due to its simplicity. However, the appellate court disagreed, emphasizing that musical hooks often involve a wide range of expressive choices, thus warranting broader copyright protection.
“Defendants’ exhibit containing 43 audio clips of songs with similar lyrics but differing rhythm, pitch, and melody actually demonstrates the broad creative range in crafting a hook,” the judges wrote. “This supports broader protection rather than thin copyright.”
While Sam Smith and Normani’s version is slower in tempo, the lawsuit asserts that when adjusted, both songs share the same key and feature nearly identical hooks, including the same phrase, syllabic timing, and melodic contour — descending from pitch 7 to pitch 3.
A federal judge initially dismissed the suit in 2023, ruling that the similarities weren’t substantial and that the phrase “dancing with a stranger” was too generic to be copyrighted. The appeals court, however, argued that the cumulative similarities — particularly in the hooks — merit a jury’s assessment.
The revival of the case arrives during a legal climate that has mostly favored artists in high-profile copyright disputes, such as Ed Sheeran’s recent victories involving “Shape of You” and “Thinking Out Loud.”
With the case now heading back to trial, it could become another landmark moment in defining how musical similarities are judged under U.S. copyright law.