Zayn Malik's 'Better' Copyright Lawsuit Faces Dismissal: Defendants Argue Short Melodies Aren't Protected
Defendants in the Zayn Malik "Better" copyright infringement lawsuit have filed a motion to dismiss the case, arguing that the alleged copied musical elements are not protected by copyright law.
Zayn Malik wearing black leather jacket
Photo Credit: Eva Rinaldi / CC by 2.0
The lawsuit, filed by Formal Entertainment in September, claims 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.
Key points from the defendants' motion to dismiss:
- The complaint fails to demonstrate "striking similarity that can only be the result of copying"
- Short melodies (3-7 notes) and chord progressions are not copyright protected
- There's no evidence that anyone with access to "Somebody Tonight" participated in creating "Better"
- The complaint contains overlapping direct and vicarious copyright claims, which is legally problematic
Zayn Malik portrait feat Better song
The defendants, including Sony Music Entertainment and the song's writers, will present their arguments for dismissal at an upcoming hearing on the 30th. The case number is 2:23-cv-07888.
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