Can Two Songs Have the Same Melody? The Olivia Dean and Bill Withers Copyright Dispute

How similar can two songs sound before that similarity becomes copyright infringement?

That question is at the center of a new copyright lawsuit involving Olivia Dean’s song “I’ve Seen It” and the Bill Withers classic “Just the Two of Us.”

Mattie Music Group, doing business as Bleunig Music, filed a lawsuit in the U.S. District Court for the Central District of California on October 1, 2026. The company claims that “I’ve Seen It” copies protected elements of “Just the Two of Us,” the 1981 song co-written by Bill Withers, Ralph MacDonald, and William Salter.

Although Dean’s song is at the center of the dispute, Dean and her co-writers are not named as defendants. The lawsuit instead names Capitol Records, Universal Music Group, Sony Music Publishing, and Kobalt Music Publishing America.

The dispute raises a larger question that has appeared repeatedly in music copyright cases: Can two songs share a similar melody without infringing on each other?

What Does the Olivia Dean Copyright Lawsuit Claim?

According to the lawsuit, Mattie Music Group alleges that “I’ve Seen It” copied “in large and significant part” from “Just the Two of Us.”

The publisher claims that it became aware of the similarities in August 2026 and retained a musicologist to compare the compositions. According to the complaint, the musicologist concluded that the songs contain substantial similarities in protectable musical expression, including what the plaintiff describes as repeated copying of a distinctive melody.

Mattie Music Group subsequently notified the defendants of the alleged similarities. The lawsuit claims that the companies continued to reproduce, distribute, license, perform, and otherwise commercially exploit “I’ve Seen It.”

The publisher is seeking damages and an injunction related to the continued use of the song.

At this stage, however, these remain allegations. A court has not determined that “I’ve Seen It” infringes the copyright in “Just the Two of Us.”

Can Two Songs Have the Same Melody?

Two songs can contain similarities without necessarily resulting in copyright infringement.

Music is made from a limited collection of notes, chords, rhythms, and other musical building blocks. As a result, some similarities between songs can occur without one songwriter unlawfully copying another.

Copyright also does not give a songwriter ownership over every musical idea contained within a song.

However, a musical composition can contain protectable original expression. The U.S. Copyright Office explains that a musical work can include elements such as melody, rhythm, harmony, and accompanying lyrics. Copyright protection can therefore extend to original musical expression contained within a composition.

This is where disputes involving similar melodies can become complicated.

The question is not simply whether two songs sound alike. The analysis may involve determining which portions of the earlier composition are protected by copyright and whether the later work copied enough of that protected expression to constitute infringement.

What Is Song Copyright Infringement?

Song copyright infringement can occur when someone copies protected expression from a copyrighted musical work without authorization and no applicable legal exception permits the use.

Importantly, a song can involve more than one copyright.

The musical composition and the sound recording are generally treated as separate works under U.S. copyright law. The composition covers the underlying music and lyrics, while the sound recording protects a particular recorded performance of that composition.

For example, an artist does not necessarily need to take an audio clip directly from another recording for a copyright dispute to arise. A claim can instead focus on similarities in the underlying composition.

That distinction is particularly important in the Olivia Dean dispute because the allegations focus on the melody of “Just the Two of Us.”

Is Using a Similar Melody the Same as Sampling a Song?

No. Sampling and copying a musical composition involve related but different copyright issues.

Sampling generally involves taking a portion of an existing sound recording and incorporating that recording into a new work. Because the sound recording and underlying composition can have separate copyrights, using a sample may implicate rights in both.

A songwriter can also face a copyright claim without using an actual recording from an earlier song.

For example, if a musician independently records a new performance that allegedly reproduces protected melodic expression from an existing composition, the dispute may concern the copyright in the musical composition rather than the copying of the original sound recording.

This means that the absence of a direct audio sample does not automatically eliminate the possibility of song copyright infringement.

When Does a Similar Song Become Copyright Infringement?

There is no rule stating that two songs become infringing simply because they share a certain number of notes, chords, or seconds of music.

Copyright infringement cases are highly dependent on the particular works involved.

Courts may examine whether the copyright owner has identified protectable expression within the original work and whether the allegedly infringing work is sufficiently similar to that protected expression. The analysis can become especially complicated when the similarities involve common musical elements that may appear across many songs.

This distinction has been important in other high-profile music copyright disputes. A song can sound familiar or contain similar musical building blocks without necessarily copying protectable expression.

In the current lawsuit, Mattie Music Group is arguing that the similarities go further. The complaint specifically alleges repeated copying of a “distinctively protectable melody.”

Whether those similarities are legally sufficient to establish copyright infringement is ultimately a question that remains unresolved.

Why the Olivia Dean and Bill Withers Dispute Matters

The lawsuit illustrates how difficult the line between musical inspiration and copyright infringement can become.

Songwriters naturally work within existing musical traditions. Chord progressions, rhythms, melodic patterns, and songwriting conventions frequently overlap across genres and generations.

Copyright law does not prevent musicians from being influenced by existing music. However, it can protect original expression contained within a musical composition.

That distinction makes the specific expression being copied important.

For musicians, producers, publishers, and other creative businesses, the dispute also demonstrates why copyright considerations should be addressed before a song reaches the market. A successful release can involve record labels, publishers, distributors, streaming platforms, licensing agreements, and significant revenue. A copyright dispute arising after release can therefore affect far more than the songwriter alone.

The Olivia Dean case is still in its early stages. Whether “I’ve Seen It” crosses the line from musical similarity into copyright infringement has not yet been decided.

However, the lawsuit provides another reminder that two songs sounding similar does not automatically establish infringement. The legal question is what was allegedly copied, whether that material is protected by copyright, and whether the similarities are significant enough to support an infringement claim.

If you are a musician, songwriter, producer, publisher, or business with questions about protecting or using copyrighted material, Stockman & Poropat, PLLC can help you understand your intellectual property rights and assess potential copyright concerns.