Defendants in the Zayn Malik "Better" copyright infringement lawsuit have filed a motion to dismiss the case, arguing that the musical elements in question are not protected by copyright law.

Photo Credit: Eva Rinaldi / CC by 2.0

The lawsuit, filed by Formal Entertainment in September, claims that Malik and other defendants copied elements from their 2018 song "Somebody Tonight" to create "Better" (2020). The plaintiff alleges that the unauthorized use of these elements contributed significantly to "Better's" worldwide success.

According to the complaint, the alleged infringement occurred after Havyn (Patrick Simmons), Formal Entertainment's managing member, hired Modern Music Marketing (MMM) to promote "Somebody Tonight." MMM reportedly distributed the song to industry contacts, potentially leading to its unauthorized use.

The defendants, including Sony Music Entertainment and the song's writers, argue that the lawsuit fails on multiple grounds:

• No evidence of "striking similarity" that would prove copying
• Insufficient identification of specific musical similarities
• Basic musical elements like short melodies and chord progressions are not copyright-protected
• Lack of proof that anyone with access to "Somebody Tonight" participated in creating "Better"
• Legal inconsistencies in direct and vicarious copyright claims

A hearing for the motion to dismiss is scheduled for the 30th, where defendants' counsel will present their arguments for dismissal.

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