Will the Copyright Infringement Case Against Taylor Swift be Settled or Determined by a Jury?

Since 2017, music superstar Taylor Swift has been involved in a protracted legal dispute regarding her 2014 hit, “Shake it Off.” The lawsuit was originally filed by song lyricists Nathan Butler and Sean Hall over alleged copyright infringement of the lyrics of the song, “Playas Gon’ Play,” which was performed by female group 3LW.

Judge Initially Dismisses Copyright Infringement Case Against Taylor Swift Finding Lyrics Uncreative

According to the lawsuit, the chorus of Swift’s hit “Shake it Off” infringes upon the chorus of “Playas Gon’ Play,” which was written by Hall and Butler. Key to the copyright infringement claims are the following lyrics that share similar wordplay.

3LW’s lyrics: 

Playas they gonna play

And haters they gonna hate

Ballers they gonna balls

Shot callers they gonna call.

Swift’s lyrics:

Cause the players gonna play, play play, play, play

And the haters gonna hate, hate, hate, hate, hate

The original lawsuit was dismissed in court in 2018 when the ruling found that the overlapping lyrics were “unoriginal,” “brief,” and “uncreative,” and as a result, not protectable under the federal Copyright Act. Further, Judge Fitzgerald wrote in his opinion that phrases involving “haters” and “playas” inundated popular culture and music alike during the 2000s. Judge Fitzgerald took further aim at the lyrics by opining that 3LW and Swift’s lyrics were no more creative than writing ‘runners gonna run’ or ‘drummers gonna drum’ or even ‘swimmers gonna swim.’ Thus, Judge Fitzgerald ultimately decided to dismiss the case.

Lyricists Butler and Hall appealed Judge Fitzgerald’s opinion, arguing that their lyrics were actually rooted deeply in their cultural heritage and did qualify as unique self-expression that was protectable under the Copyright Act. The Court of Appeals ultimately found merit in some of the lyricists’ arguments and returned the case back to Judge Fitzgerald’s court.

After Appeal, Judge Finds Copyright Infringement Claims Against Swift May Be Resolved by Jury Trial

Once the case returned to Judge Fitzgerald’s court, Swift filed a motion to dismiss the copyright claims. While Judge Fitzgerald was clearly sympathetic to Swift and her arguments, he denied Swift’s request by stating that Swift’s arguments failed to show that the lawsuit could not be adequately resolved by a jury trial.

Some legal experts, citing the “Blurred Lines” ruling against Robin Thicke, believe that Swift may eventually settle.  As many believed that the finding in Thicke’s case was overly broad, it has prompted most singers and labels to settle such claims in fear of significant legal costs or royalty payments. 

Key Takeaways on the Copyright Infringement Lawsuit Against Taylor Swift

Taylor Swift has been involved in a copyright infringement claim for almost half a decade regarding her 2017 hit “Shake it Off.” The case:

• Was originally dismissed in 2018 by Judge Fitzgerald;

• Was reversed by the Court of Appeals and sent back to Judge Fitzgerald; and

• May ultimately be settled as that has been the trend following the Robin Thicke copyright loss regarding Marvin Gaye’s “Got to Give it Up.”

For more information on copyright litigation, see our Intellectual Property Litigation and Industry Focused Legal Solutions pages.