Olivia Dean faces melody copyright claims

British pop sensation Olivia Dean is currently facing a legal challenge concerning her song I've Seen It, which has been accused of borrowing the melody from Bill Withers' iconic 1981 soul classic Just The Two of Us. The complaint was filed in California and centres around claims made by Mattie Music Group, the entity that manages Withers' back catalogue. They assert that the two songs "share musical features" that are "so striking" they could not have arisen by coincidence alone, suggesting a potential copyright infringement.

The lawsuit not only names Dean but also includes her record label Capitol Records, the parent company Universal Music Group, and her publishing entities as defendants. Despite this, the complaint notably does not seek damages from Dean herself or her co-writers, Bastian Langebæk and Max Wolfgang.

According to legal documents obtained by the BBC, a musicologist was commissioned to compare the two tracks, concluding "that the works contain substantial similarities," and pointing to the “repeated copying” of the melody from Just The Two of Us. Such allegations have sparked a wider discussion within the music industry regarding the boundaries of copyright infringement, particularly in a genre where melodies can sometimes overlap significantly.

Kirsten Gilbert, Partner and Head of Brand Exploitation, Protection and TM Litigation UK at IP law firm Marks & Clerk, weighed in on the matter, stating that “another major pop artist accused of copyright infringement of another song" reflects ongoing tensions in the industry. She notes that the determination of whether Dean's song copied the melody is a question that will likely require the expertise of music specialists.

The topic of copyright claims has been a point of contention for various artists. Gilbert referenced Ed Sheeran, who previously dismissed similar allegations as “baseless claims,” citing the limited number of notes and chords available in pop music. She indicated that the financial stakes involved—potentially running into the millions—could motivate either side to seek a settlement rather than endure protracted court battles. With Sheeran having successfully defended his position in previous cases in both the US and the UK, it remains to be seen how Olivia Dean's legal team will approach this latest claim.