Talent & Creative Signals
Sam Smith and Normani move to end ‘Dancing With a Stranger’ copyright suit, say the older song is itself built on unlicensed samples (Musicbusinessworldwide)
Summary: Sam Smith and Normani have moved to dismiss a copyright lawsuit over their 2019 hit ‘Dancing With a Stranger,’ arguing that the plaintiff’s song itself contains unlicensed samples, making its copyright claim invalid. The case, revived by the Ninth Circuit after an initial dismissal, now hinges on the ‘striking similarity’ doctrine, which the defendants say the plaintiff cannot meet. The defendants also point out that the disputed four-word phrase appears in over 15 prior songs, including one by Cyndi Lauper. A hearing is set for August 14.
Why it matters: This case tests the limits of the ‘striking similarity’ standard in music copyright and introduces a novel defense: that a plaintiff’s own unlicensed samples can void their claim, potentially reshaping how infringement suits are litigated.
Context: The lawsuit was originally dismissed in 2023 but revived by the Ninth Circuit, which ruled a jury should decide on substantial similarity. The case is part of a broader trend of high-profile copyright disputes, including Ed Sheeran’s recent win and a new suit against NewJeans.
"Sam Smith and Normani have asked a federal judge to throw out a copyright lawsuit that accuses their 2019 single Dancing With a Stranger of copying an earlier track with an almost." — MUSICBUSINESSWORLDWIDE
Commentary: The sampling defense is a clever procedural gambit that could force plaintiffs to suggest their own work is clean before accusing others, raising the bar for infringement claims. If the court accepts it, expect a surge in discovery requests for sample licenses in future cases. The reliance on ‘striking similarity’ also underscores how hard it is to suggest copying without direct access evidence, especially when common phrases are involved. This case, alongside the NewJeans suit, signals that the Ninth Circuit is willing to let juries decide on musical similarity, keeping the industry on edge.
Date: July 10, 2026 10:24 AM ET
URL: https://www.musicbusinessworldwide.com/sam-smith-and-normani-move-to-end-dancing-with-a-stranger-copyright-suit-say-the-older-song-is-itself-built-on-unlicensed-samples/
AI Sentiment Score: Positive (80%)
AI Credibility Score: 10.0/10 — High
Scores and text generated by AI analysis of the source article indicated.Post ID: dbb10260