Published: September 25, 2026 · 2:50 AM EDT
A California federal judge allows the 2022 copyright case involving the 2019 pop hit to proceed, leaving a jury to examine allegations that its melody copied an earlier song written in 2015
Sam Smith and Normani are facing a potential jury trial over their 2019 hit “Dancing With a Stranger” after a California federal judge rejected their latest attempt to end a copyright infringement lawsuit. Judge Wesley L. Hsu denied the defendants' motion for summary judgment in an order filed on September 22, 2026, allowing the case to proceed toward trial.
The lawsuit was filed in March 2022 by Sound and Color LLC, a company owned by songwriter Jordan Vincent and production duo SKX, comprising Christopher Miranda and Rosco Banlaoi. The company alleges that Smith's hit copied the distinctive hook of an earlier song titled “Dancing With a Stranger,” also known as “Dancing With Strangers,” written in 2015. Normani performed on the 2019 recording but was not involved in writing the song.
The defendants maintain that the two recordings were created independently and argue that the similarities involve common musical elements that are not individually protected by copyright. They also challenged the earlier song's copyright protection because it contains two unlicensed samples. The judge rejected their arguments for ending the case at this stage, finding that a jury should consider the disputed musical similarities and the evidence concerning independent creation.
The case was initially dismissed in September 2023, but the U.S. Court of Appeals for the Ninth Circuit reversed that decision in April 2025. During subsequent proceedings, Sound and Color withdrew its arguments that Smith and the other songwriters had access to the earlier recording, leaving its claim dependent on demonstrating that the compositions are strikingly similar.
The September 2026 ruling does not establish that copyright infringement occurred. The dispute remains unresolved, and a jury will be asked to consider whether the similarities between the recordings resulted from copying or independent creation. No confirmed trial date was identified in the September 24 report.
Watch Sam Smith and Normani perform “Dancing With a Stranger” in their official vertical music video below:
Written by Gino Alache – Music Journalist
IMAGE CREDIT: Capitol Records and Universal Music Group.
