Edinburgh X Factor star Storm Lee Gardner in copyright battle with German DJ and English band

Storm Lee Gardner filed a lawsuit against Purple Disco Machine and Sophie and the Giants alleging they copied a section of her hit song I Came Here To Dance.

The legal claim states that the chorus of Purple Disco Machine’s In The Dark is based on Storm Lee’s single from her 2008 album Soulfillapopkilla.

Released in January this year, In The Dark charted across Europe and amassed over 53 million plays on Spotify. It has also been viewed over 20 million times on YouTube.

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Storm Lee Gardner has filed a lawsuit against Purple Disco Machine and Sophie and the Giants, alleging they copied a section of his hit song I Came Here To Dance.

Storm Lee – who left Edinburgh aged 16 to forge a music career in the US – has now employed Entertainment Edinburgh lawyer Joe Boyd to pursue the copyright claim against the record companies Sweat It Out Music and EMI.

The Grammy-nominated Scot – who memorably clashed on screen with Simon Cowell – reached the final stages of The X Factor in 2010 while being mentored by judge Louis Walsh.

He was widely praised for his performances of Guns N Roses classic Sweet Child of Mine and U2 favorite With Or Without You before ultimately being kicked off the show in Week 2 of the live finals.

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Storm Lee, 49, said he was “shocked” when he first heard the Purple Disco Machine song while standing in a supermarket queue.

He said: “I wrote I Came Here To Dance while recording my album Soulfillapopkilla in 2008.

“It’s a song that’s really close to my heart and I put a lot of effort into it and was really thrilled when it became an underground hit in the United States.

“So you can imagine my surprise when earlier this year I was queuing at my local supermarket and this dance song came up.

“I was subconsciously swaying thinking ‘this is really familiar’ when I realized the chorus was exactly like my I Came Here To Dance.

“Over the next few days I got a lot of calls and text messages from friends saying ‘did you hear that Purple Disco Machine song?’ – the chorus is identical to your song.

“I recently returned home to Scotland and walked past the Entertainment Edinburgh offices and thought I’d pop in and talk to them about how I could go about this.

“The firm was fantastic and I decided to employ them to contact the record labels regarding my copyright issues.

“We’re just at the start, but I felt like I had to do something because I was putting my heart and soul into this song and it doesn’t seem right that someone could come along and just copy it.”

Solicitor Joe Boyd, of Entertainment Edinburgh, said his firm “filed a copyright infringement claim” against the two record labels last week.

He added, “We will be able to make further comments on our client’s behalf after receiving a response from the record companies involved.”

Sweat It Out Music and EMI have been contacted for comment.

After appearing on X Factor, Storm Lee went on to a successful career as a session singer and was a vocalist for six seasons of the hit TV show Glee.

He worked with Tom Cruise on the movie Rock of Ages, starred in Meryl Streep’s The Prom, and worked with stars like Meatloaf, Debbie Harry, and Annie Lennox.

The former Capital’s Canongate furniture upholsterer was also nominated for a Latin Grammy in 2004.

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