Sam Smith and Normani copyright case moves closer to a jury
A judge signaled he will deny summary judgment over “Dancing With a Stranger,” though a written order and trial date are still pending.
By Poppy Nakagawa · Culture Writer
3 min read
The Sam Smith and Normani copyright case may be headed toward a jury after a federal judge said he was tentatively prepared to reject the defendants’ request for summary judgment. The dispute concerns allegations that their 2019 hit “Dancing With a Stranger” copied the hook of an earlier song connected to songwriter Jordan Vincent.
U.S. District Judge Wesley L. Hsu made the preliminary ruling from the bench at a 45-minute hearing, according to Rolling Stone. He took the motion under submission and said a written decision would follow, meaning there is no final order or trial date yet.
Is the Sam Smith and Normani copyright case going to trial?
It could, if Hsu’s written ruling follows his stated view. A denial of summary judgment would mean the case survives this stage; it would not decide whether infringement occurred. The judge said he could not rule, as a matter of law, that no copying took place, leaving factual disputes for a jury to weigh.
Vincent’s side must now meet a tougher standard. Rolling Stone reported that Vincent withdrew an argument that the makers of Smith and Normani’s recording had access to his 2015 song through widespread dissemination. Hsu said that change requires the plaintiff to show the songs are “strikingly similar,” rather than rely on an access theory.
The judge said a jury would need instructions reflecting that higher bar. He also declined to categorically bar testimony from the plaintiff’s two music experts, saying their opinions had enough foundation to be considered, despite his disagreement with their conclusions.
What are both sides arguing?
Peter Anderson, a lawyer for Smith and Normani, argued that the claimed shared musical features are commonplace and could have been independently created. He said the legal test should require proof that independent creation was virtually impossible.
The defense also contends that Vincent’s song contains unauthorized samples from Masters at Work’s “The Ha Dance” and Lyn Collins’ “Think (About It).” Anderson argued that the samples run through the hook at issue and that copyright protection does not cover unlawfully incorporated material. Hsu appeared to view the claimed protectable hook as not itself being a sample, according to Rolling Stone.
Alfred J. Fluehr, representing Vincent, told the court the competing expert views make this a musicological dispute for jurors.
A case that has already changed course
The lawsuit was filed in 2022 by songwriters Jordan Vincent, Christopher Miranda and Rosco Banlaoi under the Sound and Color LLC name, Rolling Stone previously reported. It alleged that the 2019 song copied the title, chorus and composition of their earlier work.
Hsu dismissed the case in 2023, finding that most or all claimed similarities were not legally protectable. A federal appeals court revived the litigation in 2025. The latest motion, filed in July 2026, was the defendants’ new attempt to end the case before trial.
This story draws on original reporting from Rolling Stone.