Taylor Swift to face jury trial in Shake It Off copyright case
Taylor Swift will now have to face a jury trial over accusations that she stole the lyrics for Shake It Off from another song.
A US judge has denied her request to dismiss the case. He said that the lyrics at issue… are too brief, unoriginal, and uncreative to warrant protection under the Copyright Act. However, songwriters Sean Hall and Nathan Butler appealed against the ruling and a federal appeals court reversed his decision.
That sent the case back to Judge Fitzgerald. Swift asked for a summary judgment – an immediate ruling that she had not infringed copyright – but on Thursday, he refused. “Even though there are some noticeable differences between the works, there are also significant similarities in word usage and sequence/structure,” he wrote.
He added that “the court cannot presently determine that no reasonable juror could find substantial similarity of lyrical phrasing, word arrangement, or poetic structure between the two works”.
Both tracks feature variations of the phrases “players gonna play” and “haters gonna hate”.
The judge had previously rejected the case, saying the lyrics were too “banal” to be copyrighted.
In his original ruling, District Judge Michael W Fitzgerald cited 13 earlier songs that featured similar phrases, including Playa Hater by The Notorious B.I.G. and Dreams by Fleetwood Mac.
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