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Taylor Swift has beaten copyright lawsuit over “Shake It Off.”
Sean Hall and Nathan Butler sued the singer in September claiming that the song “Shake It Off” copied lyrics from their song “Playas Gon’ Play.” Swift’s spokesperson told The Wrap, “This is a ridiculous claim and nothing more than a money grab. The law is simple and clear. They do not have a case.”
The lawsuit stated, “‘Shake It Off’ copies and includes Plaintiffs lyrics phrase, ‘Playas, they gonna play/And hater, the gonna hate’ by featuring the lyrical phrase ‘Cause the players gonna play, play, play, play, play and the haters gonna hate, hate, hate, hate, hate’ prominently throughout the chorus of ‘Shake It Off’. In all, the infringed copyrighted material accounts for roughly 20% of ‘Shake It Off.’”
Judge Michael W. Fitzgerald did not agree with the Plaintiff’s argument, he sided with Swift’s defense. Fitzgerald said the lyrics were “too brief, unoriginal and uncreative to warrant protection under the Copyright Act.”
The Plaintiffs could file an amended complaint, but Fitzgerald doesn’t believe that will be possible. “While the court is extremely skeptical that Plaintiffs will – in a manner consistent with Rule 11 – be able to rehabilitate their copyright infringement claim in an amended complaint, out of an abundance of forbearance it will give Plaintiffs a single opportunity to try. Any future dismissal will be without leave to amend.”
The Plaintiffs have until Feb. 26 to file an amended complaint.
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