Defendants in the Zayn Malik "Better" copyright infringement lawsuit have filed a motion to dismiss the case, arguing that the alleged similarities between songs are not protected under copyright law.

Photo Credit: Eva Rinaldi / CC by 2.0

The lawsuit, filed by Formal Entertainment, claims that Malik and other defendants copied elements from their 2018 song "Somebody Tonight" to create "Better" (2020). The plaintiff alleges that the song was distributed to industry contacts through Modern Music Marketing (MMM) for promotional purposes, leading to unauthorized use of its components.

Key points from the defendants' motion to dismiss:

• The complaint fails to demonstrate "striking similarity" that would prove copying
• Brief melodies of three to seven notes are not protected by copyright
• Chord progressions cannot be copyrighted
• No evidence shows that anyone with access to "Somebody Tonight" participated in creating "Better"
• The complaint contains contradictory claims regarding direct and vicarious copyright infringement

The case (2:23-cv-07888) will proceed to a hearing where defendants' counsel will formally present their arguments for dismissal. Sony Music Entertainment and other "Better" songwriters are among the defendants seeking to have the lawsuit dismissed.

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