Zayn Malik and several defendants, including Sony Music Entertainment, are seeking dismissal of a copyright infringement lawsuit regarding his song "Better." The lawsuit was filed by Formal Entertainment in September 2023.

Photo Credit: Eva Rinaldi / CC by 2.0

Key Points of the Lawsuit:

• Formal Entertainment claims Malik copied elements from their 2018 song "Somebody Tonight"
• The plaintiff, Havyn (Patrick Simmons), alleges unauthorized use of compositional elements
• The alleged infringement occurred through Modern Music Marketing's promotion efforts
• MMM reportedly shared "Somebody Tonight" with industry contacts during promotion

Defense Arguments:

• Defendants argue the complaint fails to demonstrate "striking similarity" from copying
• They emphasize that short melodies (3-7 notes) and chord progressions aren't copyright protected
• The lawsuit allegedly doesn't establish direct access between song creators
• Legal issues exist regarding overlapping direct and vicarious copyright claims

Current Status: A hearing for the dismissal motion is scheduled for the 30th, where defendants' counsel will present their arguments formally.

The case exemplifies ongoing challenges in music copyright law, particularly regarding the protection of short musical phrases and the burden of proving unauthorized copying in the digital age.

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