Judge Allows Sam Smith and Normani ‘Dancing with a Stranger’ Copyright Case to Proceed

A federal judge has refused to dismiss a copyright lawsuit alleging that Sam Smith and Normani’s 2019 hit “Dancing with a Stranger” infringes an earlier song with the same title. U.S. District Judge Wesley L. Hsu denied the defendants’ motion for summary judgment in an order filed September 22, allowing the case, brought by Sound and Color LLC, to move toward a jury trial. The company is owned by songwriter Jordan Vincent and production duo SKX, consisting of Christopher Miranda and Rosco Banlaoi, who wrote their “Dancing with a Stranger” in 2015.
Smith, James Napier, Tor Erik Hermansen and Mikkel Eriksen wrote the later song on August 7, 2018, and it was released in January 2019 with Normani providing vocals. The defendants argued that no reasonable jury could find the two songs’ hooks strikingly similar and contended that the earlier song was not entitled to copyright protection because it incorporated unlicensed samples. Hsu rejected both arguments, criticizing the defendants’ approach of examining the songs’ musical elements separately rather than considering their combined effect. The judge said plaintiff expert Dr. Alexander Stewart provided sufficient analysis for a jury to consider whether the similarities support a finding of copying.
The judge also declined to remove the earlier song’s copyright protection because of its use of samples from Masters At Work’s “The Ha Dance” and Lyn Collins’ “Think (About It),” finding that the defendants had not demonstrated that the material taken was substantial. Hsu previously granted summary judgment to the defendants in September 2023, but the Ninth Circuit reversed that decision in April 2025, sending the case back to the district court. Hsu’s latest ruling leaves the question of whether the songs were independently created or unlawfully copied for a jury to decide, putting the long-running dispute on course for trial.










