Judge Skeptical of Sam Smith/Normani Copyright Bid

U.S. District Court Judge Wesley L. Hsu indicated on Friday, September 11, 2026, that he intends to deny the latest motion for summary judgment filed by artists Sam Smith and Normani. The motion sought to dismiss a copyright lawsuit claiming their multi-platinum song "Dancing With a Stranger" infringes upon a 2015 song of the same name. This ongoing legal battle, initiated in 2022 and previously revived on appeal, has seen new filings seeking to have the copyright claims tossed.

Judge Hsu stated his tentative ruling was to deny the defendants' bid, specifically rejecting their attempt to exclude the plaintiff's expert witnesses. While he acknowledged not agreeing with the experts' conclusions, he found their opinions had a sufficient foundation. He noted that the plaintiff now faces a higher burden to prove "strikingly similar" musical elements, but believes the claims are strong enough for a jury.

Lawyers for Smith and Normani argued that the works could not possibly have been independently created, describing the alleged similarities as commonplace. They also contended that the lawsuit is fundamentally flawed because the plaintiff's song incorporates unauthorized samples, thus disqualifying copyright protection for those elements. The plaintiff's legal team argued that the core issue is a musicological dispute best left to a jury.