Rudimental’s song ‘Waiting All Night’ does not infringe copyright (Smith v Dryden)

Article summary

TMT analysis: In a recent judgment, Mr Justice Zacaroli dismissed the claims of Kelly-Marie Smith alleging that the melody and chorus from her song, ‘Can You Tell Me’, had been copied in the creation of Rudimental’s song, ‘Waiting All Night’. The case for copying was based on an inference given the double coincidence of both the lyrics and the melody of Rudimental’s song being similar and the accessibility of Ms Smith’s song. The defendants did not challenge the subsistence of copyright. The judge dismissed the claim on the basis that the case on copying was not made out. The simplicity of the lyrics and melody in each respective song rendered them commonplace and something which a musician would likely use when independently creating a song in this genre. Similarly, Ms Smith’s song was only accessible in obscure forms, having never been commercially released. The claim of accessibility as a result of the parties’ overlapping connections within the music industry was...