Friday, November 13, 2015

Taylor Swift Shakes Off Copyright Lawsuit

Taylor Swift
If you sue Taylor Swift, just remember her lyrics might be used against you.

CNN reports that's what a California judge did Tuesday when she dismissed a copyright lawsuit against the pop star that accused her of stealing another artist's lyrics for her hit song "Shake It Off."

United States District Court Judge Gail Standish cheekily quoted lyrics from other Swift songs as she tossed the suit filed by musician Jessie Braham. He claimed that his song "Haters Gone Hate" had the same 22-word phrase that Swift used in her song. Braham said he copyrighted "Haters Gone Hate" in February 2013.

Braham claimed in the lawsuit that 92% of Taylor Swift's song came from his song.

Swift's song has the lyrics: "Cause the players gonna play, play, play, play, play. And the haters gonna hate, hate, hate, hate, hate," as well as "And the fakers gonna fake, fake, fake, fake, fake." It was included on her hit album "1989," which she released in 2014.

Braham's song has the lyrics "Haters gone hate, playas gone play. Watch out for them fakers, they'll fake you everyday."

Standish ruled that Braham did not provide enough factual evidence in the case and that his allegations did not rise above a speculative level.

In her dismissal, Standish invoked Swift's 2012 hit "We Are Never Ever Getting Back Together."

According to A Taste of Country, Judge Standish went on to point out that the phrases “players gonna play” and “haters gonna hate” appeared in pop culture prior to Braham’s song, citing other musical works, GIFs and memes that are readily accessible online.

The judge shows that she’s done her research on Swift with a humorous closing that references some of her song lyrics, writing, “The Court is not saying that Braham can never, ever, ever get his case back in court. But for now, we have got problems, and the Court is not sure Braham can solve them. As currently drafted, the Complaint has a blank space — one that requires Braham to do more than write his name. And upon consideration of the Court’s explanation in Part II, Braham may discover that mere pleading Band-Aids will not fix the bullet holes in his case. At least for the moment, Defendants have shaken off this lawsuit.”

Braham was seeking $42 million in damages from Swift and her record label. He also wanted to be given a songwriter credit.

Swift is also involved in litigation with former Denver radio personality David Mueller, whom she claims “grabbed her bottom” at a meet and greet before a concert in 2013. Mueller got fired from his job at radio station KYGO-FM after the allegation, and he recently filed suit against the singer for lost wages. She responded with a countersuit in November, asking for a jury trial.

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