Taylor Swift could very well still defeat a copyright lawsuit that claims she stole the lyrics to “Shake It Off,” but some legal experts tell Billboard they’re alarmed that the case is headed to trial at all.
Taylor Swift performs onstage during Taylor Swift The 1989 World Tour Live In Los Angeles at Staples Center on August 26, 2015 in Los Angeles, California.Taylor Swift could very well still defeat a copyright lawsuit that claims she stole the lyrics to “Shake It Off,” but some legal experts tell, a federal judge rejected Swift’s request to dismiss the lawsuit, which claims that her 2014 Hot 100-topping hit infringed the copyright to a 2001 song called “Playas Gon’ Play” by the group 3LW.
The decision left the door open for Swift to be cleared at trial, and the judge even said the star singer would have a “a strong closing argument” for an eventual jury. But some experts say they’re surprised the case survived in the first place – and that it should concern Swift’s fellow songwriters, too., a professor of music law at Vanderbilt Law School. “It makes copyright law look absurd.”At issue in the case against Swift is a key snippet of lyrics from each song.
Back in 2018, the same federal judge ruled that Hall and Butler’s case failed the smell test. Citing more than a dozen songs that used similar lyrics, U.S. District Judgeruled that American culture was “heavily steeped in the concepts of players, haters, and player haters” and that the short snippet of lyrics was not unique or creative enough to be monopolized by any particular songwriters.
But in 2019, a federal appeals court – the Ninth Circuit – overturned that decision, saying the case had been dismissed prematurely. That led to Thursday’s decision, in which Judge Fitzgerald ruled that while there were “noticeable differences” between the two songs, there were also enough “significant similarities” that he could not toss out the case again.
“I think it’s a bad outcome, and one that is pushing something to trial that should not go there based upon well-established precedent,” said Zakarin.
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