A California District Court judge granted a motion by Taylor Swift to dismiss the action against her for failure to state a claim upon which relief can be granted, suggesting the singer may be able to shake off this lawsuit. Songwriters Sean Hall and Nathan Butler brought this copyright infringement suit against Swift alleging she stole the lyrics to their 2000 song “Playas Gon’ Play” and included them in her 2014 hit song “Shake It Off.” The songwriting duo, who have collaborated with the likes of Justin Bieber and Pink, do not allege any musical elements, such as rhythm or melody, were usurped by Swift. In particular, “Playas Gon’ Play,” written for the girl group 3LW, includes the lines “Playas, they gonna play” and “Haters, they gonna hate,” while “Shake It Off” features the iconic chorus “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.” In dismissing the action, the judge asserted neither of the respective lyrics were creative enough to warrant copyright protection. The Copyright Act protects only “original works of authorship.” According to the Court, “by 2001, American popular culture was heavily steeped in the concepts of players, haters, and player-haters…The concept of actors acting in accordance with their essential nature is not at all creative; it is banal. The alleged infringed lyrics are short phrases that lack the modicum of originality and creativity required for copyright protection.” The plaintiffs have been allowed leave to amend their complaint to include more cited similarities between the two compositions but the Court expressed it “is extremely skeptical” as to their ability to do so successfully. #omnilegalgroup #copyright #TaylorSwift #ShakeItOff
