Dua Lipa wins ‘Levitating’ copyright case as judge dismisses infringement lawsuit

Dua Lipa no longer has to prove she didn’t plagiarize tracks by songwriters L. Russell Brown and Sandy Linzer.

In court documents obtained by PEOPLE from Thursday, March 27, a Manhattan judge dismissed a copyright infringement lawsuit against the pop megastar, 29, claiming she ripped off their 1979 song “Wiggle and Giggle All Night” on her hit “Levitating.”

In a written statement, U.S. District Judge Katherine Polk Failla ruled that there was not a “substantial similarity” between the pair of tracks and dismissed the lawsuit.

In addition to “Wiggle and Giggle All Night,” L. Russell and Linzer had also claimed “Levitating” had used elements of the 1980 Miguel Bosé song “Don Diablo,” to which they also own the copyright.

However, the judge cited a ruling from last year that declared Ed Sheeran did not rip off Marvin Gaye, noting that “Levitating” and “Wiggle” had similarities to music from Wolfgang Mozart, Gilbert and Sullivan, Gioachino Rossini and the Bee Gees — specifically “Stayin’ Alive.”

“The Court finds that a musical style, defined by Plaintiffs as ‘pop with a disco feel,’ and a musical function, defined by Plaintiffs to include ‘entertainment and dancing,’ cannot possibly be protectable — alone or in tandem — because … [that would] completely foreclose the further development of music in that genre or for that purpose,” Failla wrote.

Lipa’s attorney has not yet responded to PEOPLE’s request for comment.

Jason T. Brown, Linzer and L. Russell’s lawyer (who happens to be the latter’s nephew), told PEOPLE that they “respectfully disagree” with the court’s ruling and “intend to appeal.”

“This case has always been about standing up for the enduring value of original songwriting, and we continue to believe in the strength of Mr. Brown and Mr. Linzer’s creative legacy,” he said in a statement. “Even the defense expert acknowledged that people can hear the similarities between “Don Diablo” and “Levitating.” But under recent case law — including the Structured Asset Sales v. Sheeran decision — courts have become increasingly focused on what can be dissected and filtered out on paper, rather than what is felt through the music itself.”