3 Count: Dancing with a Lawsuit

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1: Sam Smith, Normani Copyright Case Likely Headed for Trial as Judge Signals No Dismissal

First off today, Nancy Dillon at RollingStone reports that a judge has signaled that he is unlikely to grant a summary judgment in the Dancing with a Stranger copyright case, setting the stage for a likely trial.

The lawsuit was filed by songwriter Jordan Vincent, who claims that the Sam Smith and Normani song Dancing With a Stranger infringes on his 2015 song with the same title. The lawsuit was initially dismissed but was revived on appeal.

Though the case is headed toward a likely trial, the judge noted that Vincent has an uphill battle to prove his case. Since he dropped his claim that Smith and Normani were aware of his song, he has to prove that they are “strikingly similar,” not just substantially similar. Despite the obstacles, the judge has said that the questions are for a jury, not him, to decide.

2: Static-X Sue Filmmaker Matt Zicari for Sharing Allegedly Unauthorized Footage, He Responds

Next up today, Loudwire reports that members of the band Static-X have filed a lawsuit against videographer Matt Zicari, better known as Matt Zane, alleging that he is holding footage they paid for hostage.

According to the lawsuit, the band paid Zicari approximately $75,000 for his work on a documentary about the band Evil Disco. They accuse Zicari of voluntarily leaving the project and refusing to turn over the footage. Instead, they allege that he has been profiting from the footage by sharing it online.

In a video response, Zicari didn’t mention the Evil Disco documentary. Instead, he only referenced another documentary about Static-X itself. In addition to copyright infringement, the lawsuit alleges false light, breach of contract and more. The band is seeking damages in excess of $1 million.

3: Judge Throws Out Copyright Claims in Wixen’s $102M Lawsuit Against Meta

Finally today, Mandy Dalugdug at Music Business Worldwide reports that a judge h as dismissed a copyright infringement lawsuit filed by Wixen Music Publishing against Meta, saying that the music publisher had failed to prove that it owns the rights to the music in question.

Wixen filed the lawsuit alleging that Meta used some 681 works across its various platforms without permission. However, according to Meta, the company had failed to prove that it was either the owner or the sole licensee of the works in question. The judge agreed.

Though the judge has dismissed a copyright infringement claims, it has given the company a chance to refile the claims. Meanwhile, other allegations, including defamation and intentional interference with its contracts remain ongoing regardless of this dismissal.

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