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Dua Lipa fails to get Levitating lawsuit dismissed


Teletubby

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Teletubby

A lawsuit filed by “one of the world’s top talk box artists” against Dua Lipa, and her label Warner Music, over the talk box vocal performance he created for her hit ‘Levitating’ has been allowed to proceed. 

The dispute is over the use of Bosko Kante’s vocal performance on remixes of ‘Levitating’, which he says was never approved.

The monetary stakes in the case are potentially high, as one of the remixes of the song – featuring rapper DaBaby – has become the most popular version of the song. On Spotify, the DaBaby version has 2.145 billion streams, compared to 984 million streams for the album version. On YouTube, the DaBaby version has 902 million views, compared to 16 million for the most popular video of the album version.

Lipa’s team tried to get the lawsuit dismissed by arguing that Kante had “failed to specify which exact portions of his recordings were used in the remixes”, which meant he had not sufficiently proven the ‘substantial similarity’ requirement for a copyright infringement claim to proceed. 

However, Judge Hernán D Vera has now rejected that argument.

Bosko Kante's complaint asked for at least $2 million plus interest in damages, as well as profits made from the remixes, which it estimated as being at least $20 million.

The lawsuit alleged that Kante had been asked by producer Stephen Kozmeniuk  to make a talkbox recording to be used in Levitating, and that they had come to a verbal agreement that his "performance could be used by defendants in the original recording of the track only, and that there would be no sampling or reuse of plaintiff’s performance by defendants”.

And yet there were three remixes which, Kante’s lawsuit claimed, “sampled and incorporated a greater amount” of his performance “than that used in the original version”. 

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"You b*tch!" ~ Rat Boy
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AnglerfishbraBENUS
48 minutes ago, Bronco said:

At this point I feel like there needs to be a drag act called Dua Lawsuit

Sueya Lipa

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