Sam Smith, Normani Copyright Case Likely Headed for Trial As Judge Signals No Dismissal
A US federal judge has indicated he will reject Sam Smith and Normani's bid to have a copyright lawsuit over their hit "Dancing With a Stranger" dismissed, meaning the case is likely to proceed to a jury trial. Songwriter Jordan Vincent claims the 2019 chart-topper copied the hook from his own 2015 song of the same name, and the long-running dispute has already been through one dismissal and a successful appeal.
At a hearing on Friday, US District Court Judge Wesley L. Hsu said he would deny the singers' motion for summary judgment, rejecting arguments to exclude testimony from Vincent's musicological experts. Because Vincent dropped his claim that the song's creators had access to his track through wide distribution, he must now prove the works are "strikingly" rather than merely "substantially" similar, a higher legal bar, but the judge said this was still a question for a jury rather than something he could rule out as a matter of law. Lawyers for Smith and Normani argued the alleged similarities were musically commonplace and that Vincent's own song relied on uncleared samples from "The Ha Dance" and "Think (About It)", which they said undermined its copyright protection; Vincent's lawyer countered that the dispute was fundamentally musicological and should be left to a jury. Judge Hsu took the matter under submission and will issue a written ruling in due course.
In short
- Judge signals he'll deny Smith/Normani's bid to dismiss copyright suit
- Case likely heading to trial over "Dancing With a Stranger" hook
- Songwriter must now prove "striking" similarity, a tougher legal standard
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Vincent’s strongest case is that the judge should let a jury assess whether the songs’ hooks are strikingly similar, especially since the dispute turns on musicological evidence that may be difficult to resolve as a matter of law. A trial would give both sides the chance to test that evidence and determine whether the similarities support his claim despite the higher legal threshold.
The case against
Smith and Normani’s strongest case is that the alleged similarities are commonplace musical features and do not establish the striking similarity Vincent must prove after dropping his access claim. They also argue that Vincent’s reliance on uncleared samples in his own song raises questions about the scope of the protection he can claim, so the lawsuit should not proceed on the current evidence.
Explained simply
Copyright protects original creative work, including songs, but does not prevent artists from using musical ideas that are common or too general to belong to one writer. Disputes often turn on whether a later work copied protected parts of an earlier one, and courts may hear evidence from music experts.
Jordan Vincent says the hook in Sam Smith and Normani’s 2019 song “Dancing With a Stranger” was copied from his 2015 song of the same name. The singers dispute that claim, arguing that the similarities are commonplace; Vincent’s song also includes samples from earlier tracks, which the singers say could affect the protection it receives.
The case has already been dismissed once and revived on appeal. Since Vincent no longer claims the song’s creators had access to his track through its distribution, he faces a higher test: showing the songs are strikingly similar.