Lawyers re-file to dismiss copyright lawsuit against Taylor Swift
Earlier this month, a federal judge ordered Taylor Swift to stand trial in a copyright infringement case for similarities between the singer’s 2014 hit, “Shake It Off,” and the track by 2001 R&B group 3LW, “Playas Gon ‘Play,” reversing its earlier dismissal of the case in 2018. In his explanation of the ruling, Judge Michael Fitzgerald said Swift’s lawyers made “compelling arguments.” , but that there was a “possibility that there was still a real dispute as to the potential substantial similarity between the lyrics and their sequential structure.
Now Swift and her legal team are once again asking the court to reconsider their decision. According to a new petition filed by its lawyers, the Swift team argued that accepting the case would set a dangerous precedent, claiming that the two sentences in question – “the players will play” and “the enemies will hate” – are part of the public domain and therefore free to use.
“The presence of versions of the two short public domain statements and two other tautologies in the two songs simply does not pass the extrinsic test,” the record says. “Otherwise, the plaintiffs could sue anyone who writes, sings or publicly says they perform” and “the enemies will hate” alone with other tautologies. Allowing this is unprecedented and deceives the public domain.
It is important to note that the three members of 3LW (two of whom are former members of Cheetah Girls) have publicly distanced themselves of the case, noting that it was songwriters, Sean Hall and Nathan Butler, who pushed the case.
“We believe that there is no basis for reconsideration, and that this is just a music mogul and his machine trying to deny justice to our client by spending more than another. low-income artist, “Hall and Butler’s attorney Gerard Fox said in a statement to Rolling stone. “Totally uncool among artists. “
A hearing on Swift’s motion to dismiss the case is scheduled for February 7 in Los Angeles.
Photo via Getty / Will Heath / NBC / NBCU Photo Bank
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