Dua Lipa Faces Lawsuit Over Talk Box Vocal Performance on ‘Levitating’
A lawsuit filed by renowned talk box artist, Bosko Kante, against Dua Lipa and Warner Music regarding his vocal performance on remixes of the hit song ‘Levitating’ has been allowed to proceed. Kante alleges that his vocal performance was used without his approval, prompting a copyright infringement claim.
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Judge Allows Lawsuit to Proceed Despite Dispute Over ‘Substantial Similarity’
Despite efforts by Lipa’s team to dismiss the lawsuit by arguing that Kante had not sufficiently proven the ‘substantial similarity’ requirement for copyright infringement, Judge Hernán D Vera ruled in favor of Kante. Vera stated that Kante’s claim was adequately pled by alleging that ‘all or substantially all’ of his copyrighted recording was used in the remixes without permission.
Understanding the ‘Substantial Similarity’ Requirement
The ‘substantial similarity’ requirement is crucial in copyright infringement cases involving alleged similarities between two works. In this instance, the focus is on the unauthorized use of Kante’s recording, making it a case of uncleared sample usage rather than outright song theft. The key question is whether a segment of Kante’s recording was included in the remixes of ‘Levitating’.
Kante’s Claims and Allegations Against Lipa and Warner Music
Kante, a seasoned talk box artist, developed his own version of the talk box known as the ElectroSpit Talk Box. He was approached by Stephen Kozmeniuk, co-writer of ‘Levitating’, to create and perform talk box vocals for the record. Although there was no formal contract between Kante and Kozmeniuk, Kante alleges that there was an oral agreement limiting the use of his performance to the original recording.
However, Kante claims that three remixes of ‘Levitating’ included a greater amount of his performance than agreed upon, leading to his lawsuit against Lipa and Warner Music.
Legal Proceedings and Judge Vera’s Ruling
Despite the lawsuit proceeding, Judge Vera declined a request from Kante to force Warner Music to disclose the income generated by the ‘Levitating’ remixes. Vera explained that such information would be relevant in determining ‘actual damages’ should Kante’s claim be successful, eliminating the need for a court order at this stage.
Implications and Future Steps in the Copyright Case
The case highlights the complexity of assessing similarity in music-related copyright disputes, particularly when it involves the use of recordings. Kante’s allegations regarding the unauthorized sampling of his performance raise important questions about intellectual property rights and artist collaboration in the music industry.
As the lawsuit progresses, the court will likely further analyze the extent of Kante’s contribution to the remixes of ‘Levitating’ and the potential financial damages incurred as a result of the alleged infringement.
Stay tuned for updates on the ongoing legal battle between Bosko Kante and Dua Lipa over the use of talk box vocals in the popular song ‘Levitating’.