Sam Smith and Normani Seek Dismissal of ‘Dancing With a Stranger’ Copyright Lawsuit, Citing ‘Fatal Defect’
Sam Smith and Normani are pursuing the dismissal of a lawsuit claiming their 2019 hit “Dancing With a Stranger” infringes on an earlier song. The legal action, initiated by Jordan Vincent, alleges that the track borrows its hook from Vincent’s 2015 song “Dancing With Strangers.” On July 7, attorneys for Smith, Normani, and their co-writers filed a motion for summary judgment, asking a judge to terminate the copyright claims without proceeding to trial.
Background of the Lawsuit
The lawsuit, filed in 2022, contends that “Dancing With a Stranger” reached No. 7 on the Billboard Hot 100 and remained on the chart for 45 weeks. Vincent’s claim asserts that the similarities between the two songs are substantial enough to warrant legal action.
In a previous ruling, a federal judge dismissed the case in 2023. However, an appeals court revived it last year, determining that a legitimate dispute exists regarding the similarity of the hooks in both songs. This ruling initiated a second phase of litigation to assess whether Smith and Normani copied Vincent’s work.
Arguments from Smith and Normani’s Legal Team
Following the discovery process, Vincent acknowledged that there is no evidence indicating that the songwriting team for “Dancing With a Stranger” had heard “Dancing With Strangers.” To prevail in court, Vincent must demonstrate that the two songs are “strikingly similar,” implying a level of similarity that suggests copying is the only logical explanation.
In their motion, Smith and Normani’s attorneys argue that Vincent fails to meet this demanding standard. They assert that the two songs share only minor similarities that existed in popular music prior to 2015, including references in songs by artists such as Cyndi Lauper and Regina.
The legal team stated, “The similarities amount to a four-word phrase, ‘dancing with a stranger’ — which has appeared in more than fifteen songs before plaintiff’s song — and some unprotected pitches and rhythms in each song’s otherwise different melodies to which that phrase is sung. These similarities are not unique or so complex as to render coincidence virtually impossible.”
New Developments in the Case
The attorneys from Davis Wright Tremaine, representing Smith and Normani, also highlighted a significant issue with Vincent’s claim. They noted that Vincent’s “Dancing With Strangers” sampled two earlier tracks without proper licenses, which could invalidate his copyright.
In a response to the summary judgment motion, AJ Fluehr, Vincent’s attorney, contended that there is genuine evidence of striking similarity that warrants a jury trial. He claimed that the hooks in both songs share “virtually identical” pitch sequences and “nearly identical” melodic contours.
Fluehr stated, “There are no works…in [the] history of the world which have anything close to the selection and arrangement shared by both [songs]. It is not an accident that this rare bit of expression appears in both songs in virtually identical aesthetic contexts for the first time in history a couple of months apart; it is a fingerprint linking them.”
Sampling and Its Implications
Fluehr dismissed the argument regarding sampling as “frivolous” and irrelevant to the case. He also referenced a past incident in which Smith granted post-release writing credit to Tom Petty due to similarities between his song “Stay With Me” and Petty’s “I Won’t Back Down.” Fluehr suggested this indicates that Smith’s songwriting process is not entirely independent.
In a statement, Fluehr emphasized the uniqueness of Vincent’s hook, asserting that it is not coincidental that Smith and Normani’s song was created shortly thereafter. He expressed eagerness to present the case in court.
Next Steps in the Legal Proceedings
As of now, Smith and Normani’s legal team has not responded to requests for comment. A federal judge is scheduled to review the summary judgment motion during an August hearing in Los Angeles. The judge will determine whether to dismiss the case or allow it to proceed to trial. There remains the possibility of settling the claims outside of court.
As reported by www.billboard.com.
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Published on 2026-07-09 00:19:00 • By FAME Delivered News Desk
