Entertainment

Eurovision singer James Newman wins legal battle over Rudimental hit

A judge found similarities between Waiting All Night and Can You Tell Me were not significant enough to count as copying.

Eurovision singer James Newman has won a High Court battle against a former The Voice UK contestant who accused him of copying one of her songs.

Newman co-wrote the Brit Award-winning 2013 number one track Waiting All Night from Rudimental and Ella Eyre.

Kelly-Marie Smith had alleged the song was copied from one she wrote in 2006 but judge Mr Justice Zacaroli has dismissed the claim.

After consulting music experts, it was found while there were “objective similarities” between Waiting All Night and Smith’s Can You Tell Me, there are differences which “are not insignificant”.

It was unlikely Newman, who finished with zero points as the UK’s entry into the Eurovision Song Contest earlier this year, heard Can You Tell Me as it was never produced commercially, the judge said.

It is “impossible” Newman heard the song in passing on the radio, it was found.

And while a 2007 video featuring the song was posted on social media, Smith’s claim that Newman would have accessed it “is extremely weak and involves too many tenuous links”.

And a voice memo from Newman provided “strong support” for the conclusion he wrote Waiting All Night “spontaneously and independently”.

“Accordingly, the claimant’s claim must be dismissed,” the judge said.

Smith formed one half of the musical duo Nu-Tarna and appeared on The Voice in 2013.

She sued Newman, his co-writer Jonny Harris and three members of Rudimental – Kesi Dryden, Piers Aggett and Amir Izadkhah.

However,  by the end of a trial the allegation of copying was pursued against only Newman.

Newman is the brother of fellow singer John Newman.

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