Taylor Swift’s “Shake It Off” Copyright Trial Continues as Judge Rejects Appeal

A judge has ruled that Taylor Swift’s motion to dismiss the copyright infringement lawsuit aimed at ‘Shake It Off’ is denied, and the trial will continue.

U.S. District Judge Michael W. Fitzgerald issued his decision nearly nine months after Swift’s motion to dismiss the case was filed.

In a defense motion last December, Swift’s lawyers argued that Fitzgerald failed to take into account the “extrinsic test” – the rule by which copyright infringement is determined when two similar works are inserted within the singers Sean Hall and Nathan Butler claims that Swift copied lines from the pair’s 2001 song “Beaches Gon’ Play.”

Swift’s legal team believes that Swift’s lyrics would clearly be based on phrases that are in the public domain and not actually copied from Hall and Butler.

“There is a genuine issue of material fact,” Fitzgerald said in yesterday’s (September 12) ruling at a court hearing in Los Angeles. [vía Rolling Stone].

“The motion to reconsider is denied,” he continued. “I don’t think it meets the standard for reconsideration, and even if it did, and I were addressing it again on the merits, I still think there’s a genuine question of material fact in part because of the expert opinion .”

Last month, Swift faced a 2017 copyright lawsuit (later dismissed in 2018) that claimed she stole Hall and Butler’s lyrics for her 2014 hit.

In a federal court document filed on August 8, the pop star denied any copyright infringement, claiming he had “never heard” the 3LW song he is accused of plagiarizing.

In excerpts of the offer received with notice board, Swift flatly denied the allegation, writing that “the lyrics to ‘Shake It Off’ were written entirely by me”, before providing context as to how they were included in the song.

In writing the lyrics, I drew in part from my life experiences and, in particular, relentless public scrutiny of my personal life, clickbait reporting, public manipulation, and other forms of negative personal criticism. and focus on my music,” Swift wrote.

Elsewhere in the offering, Swift spoke directly to the lyric in question, saying that “players gon’ play” and “fuathers gon” were widespread aphorisms in his youth,” like … sayings like ‘don’t hate the beach, hate the game'” and “‘take a pill to relax'”.

In 2018, Fitzgerald ruled that the song’s lyrics were too “banal” to be copyrighted, and Hall and Butler dismissed the lawsuit. However, an appeals court overturned the decision in October 2019.

Then, in September 2020, a Los Angeles judge confirmed that the case would proceed.

In their new lawsuits, Hall and Butler have argued that, although the phrases “gamers will play” and “haters will hate” may be “like common parlance today,” they were “completely original and unique” in 2001. .

Yesterday, Fitzgerald said he had been “negligent” in allowing the defense’s reconsideration motion to linger “for too long”. He said the basis of his decision was the testimony of the experts presented in the case.

The plaintiffs’ experts have stated that there is “substantial similarity” between the phrases of the two songs, as well as the sequential structure.

According to Rolling Stone, Swift’s attorney, Peter J. Anderson, declined to comment after yesterday’s hearing.

In other news, Swift spoke of her ambition to direct films with “human stories about human emotions.”

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