Justin Bieber and Usher are to face trial after a $10 million copyright lawsuit was reinstated.

The 21-year-old singer and his 36-year-old mentor were accused in 2013 of copying parts of a song composed by Devin Copeland, a singer known as De Rico, and his writing partner Mareio Overton, and the 4th US Circuit Court of Appeals in Richmond, Virginia have now revived the lawsuit, which centres on the track 'Somebody to Love'.

A federal judge previously dismissed the case, ruling the two tracks differed ''significantly'' in tone and lyrical content, but the appeal court have now overridden the decision.

Circuit Judge Pamela Harris wrote: ''After listening to the Copeland song and the Bieber and Usher songs as wholes, we conclude that their choruses are similar enough and also significant enough that a reasonable jury could find the songs intrinsically similar.''

The court also found the two versions have ''almost identical rhythm and strikingly similar melody.''

As well as Justin and Usher, Vivendi SA's Universal Music Publishing Group and Sony Corp's Sony/ATV Music Publishing are also named in the suit.

Devin and Mareio wrote their version of 'Somebody to Love' in 2008 and claim music scouts played it for Usher.

Justin released his song, 'Somebody to Love', in 2010, while Usher also recorded a remix and another version featured him on lead vocals with his protege as featured artist.