By: Maci Coates
Grammy Award winner Olivia Dean is facing a copyright controversy over her sophomore album, The Art of Loving. But how similar can two songs sound before inspiration crosses the line into infringement?
The Lawsuit: Olivia Dean’s “I’ve Seen It” Under Scrutiny
On October 1, 2026, Bill Withers’ publisher, Mattie Music Group, filed a copyright infringement lawsuit against Universal Music Group (UMG), Capitol Records, and several music publishing companies, alleging that Dean’s song “I’ve Seen It” unlawfully copies elements of “Just the Two of Us.” The allegedly infringing song is the closing track on Dean’s hit album, The Art of Loving, released in September 2025.
The lawsuit seeks monetary damages and injunctive relief from the defendants. Notably, Dean herself is not named as a defendant.
What Does It Take to Prove Copyright Infringement?
To establish copyright infringement, Mattie Music Group must demonstrate two essential elements:
- Ownership of a valid copyright; and
- Copying of constituent elements of the copyrighted work that are original.
The second element breaks down into two questions:
- Did the creators of “I’ve Seen It” actually copy from “Just the Two of Us”?
- If so, did that copying amount to unlawful appropriation of protected musical expression?
Mattie Music Group alleges that it owns copyright interests in “Just the Two of Us,” written by Bill Withers, Ralph MacDonald, and William Salter and featured on Grover Washington Jr.’s 1980 album Winelight.
The more interesting question is whether the creators of “I’ve Seen It” actually copied from the earlier composition and, if so, whether the similarities constitute copyright infringement.
Mattie Music Group seeks to prove actual copying through circumstantial evidence, one of the most common methods of establishing copying in music copyright cases. Two important considerations are access and probative similarity.
To establish access, Mattie Music Group alleges that Dean and her collaborators had a reasonable opportunity to encounter the original work. The extraordinary and sustained success of “Just the Two of Us,” including decades of radio play and widespread popularity, supports the argument that the song was readily accessible before “I’ve Seen It” was created.
Next is probative similarity, which concerns whether similarities between the works make actual copying more likely than independent creation or coincidence.
To support its allegations, Mattie Music Group retained a musicologist who identified substantial similarities between the compositions, including similarities involving the original song’s melody.
But this does not necessarily mean that Dean’s collaborators copied protected expression.
Music is built from a limited vocabulary of notes, chords, rhythms, and familiar musical patterns, making infringement particularly difficult to establish. Common chord progressions, scales, and arpeggios generally cannot be monopolized through copyright protection.
That distinction matters because probative similarity and substantial similarity serve different purposes. Probative similarity helps establish whether copying actually occurred, while substantial similarity, in the infringement analysis, addresses whether the copying unlawfully appropriated protected expression.
In other words, the question is not simply whether the songs sound alike. It is whether their similarities involve original, copyright-protected expression significant enough to constitute infringement.
What Can Previous Music Copyright Cases Tell Us?
The defendants are not without potential defenses. Mattie Music Group may allege infringement, but the court must ultimately determine whether the evidence supports its claims.
Two notable music copyright decisions illustrate the challenges of proving infringement.
Skidmore v. Led Zeppelin (9th Cir. 2020): The estate of Randy Wolfe, guitarist for the band Spirit, accused Led Zeppelin of copying Spirit’s song “Taurus” in “Stairway to Heaven.”
The Ninth Circuit rejected the previously used inverse ratio rule, which permitted a lower showing of substantial similarity when evidence of access was particularly strong. The court affirmed the jury’s finding of noninfringement, emphasizing the importance of distinguishing unprotectable musical building blocks from original expression protected by copyright.
This decision is particularly relevant because Mattie Music Group filed its lawsuit in California, within the Ninth Circuit.
Selle v. Gibb (7th Cir. 1984): In a dispute involving the Bee Gees’ “How Deep Is Your Love,” the Seventh Circuit considered whether striking similarities between two musical compositions could establish copying without direct evidence of access.
The court recognized that striking similarity may support an inference of access. However, it concluded that the plaintiff’s evidence was insufficient to establish copying, emphasizing the need to consider alternative explanations such as coincidence, independent creation, or a common musical source.
Together, these decisions illustrate an important principle: even where songs share recognizable similarities, copyright infringement is not automatic. Courts must consider whether the similarities demonstrate actual copying and whether that copying extends to legally protected expression.
Where Does the Case Go From Here?
As the litigation proceeds, the central question will be whether the similarities identified by Mattie Music Group reflect unlawful copying or the use of musical elements available to all artists.
The dispute highlights a recurring tension in music copyright law: protecting original creativity without allowing artists to claim exclusive ownership over the common building blocks of music.
For now, allegations of infringement remain just that—allegations. The outcome will depend on the evidence presented and the court’s application of copyright law.
What do you think? Are the songs similar enough to raise a copyright concern, or do they simply share familiar musical elements?
Listen to “Just the Two of Us” and “I’ve Seen It” side by side and decide for yourself.
