Taylor Swift wins lawsuit days after wedding

Taylor Swift wins lawsuit days after wedding



A copyright lawsuit filed against Taylor Swift by poet Kimberly Marasco has been dismissed by a federal judge. Marasco had alleged that some of Swiftโ€™s lyrics were a copyright infringement of her poems.

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U.S. District Judge Aileen M. Cannon ruled that โ€œthe allegedly infringed materialโ€”basic ideas, themes, metaphors, isolated words, and short phrasesโ€”is not protected expression and cannot be infringed.โ€ The decision permanently resolves the case against the singer-songwriter.

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Additionally, in order to prove copyright infringement, a plaintiff needs to provide direct evidence of copying by showing that โ€œ(a) that Defendants had access to her works and (b) that the works are โ€˜so substantially similarโ€ฆ that an average lay observer would recognise the alleged copy as having been appropriated from the original work.โ€™โ€

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In this case, however, the court ruled that Marasco โ€œhas failed to plausibly allege either access or substantial similarity, each of which is independently required to plead copying.โ€

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The dismissal specifically cited Swift’s track “The Man” against “Ordinary Citizen,” a poem by self-published author Marasco.

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Also read: Taylor Swiftโ€™s lawyers slam Maren Wadeโ€™s trademark lawsuit

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The song lyrics say: โ€œIโ€™m so sick of running as fast as I can/ Wondering if Iโ€™d get there quicker if I was a man,โ€ which Marasco alleged is similar to the line in her poem that reads, โ€œIโ€™m running behind/ You say its His word against mine.โ€

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The lawsuit noted that the concept of โ€œa woman working in a corporate environmentโ€ under the category of โ€œbasic ideas and themes,โ€ and such content is not โ€œa proper subject of copyright protection.โ€

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Judge Cannonโ€™s ruling, which comes just three days after Swift tied the knot with Travis Kelce in New York City, also dismissed the case with prejudice, meaning Marasco cannot refile a lawsuit with the same claims in the future.

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According to the court documents, Marasco previously filed a similar lawsuit against Swift and received an explicit judicial warning that this would be her final opportunity to present her claims, noting that any โ€œfurther amendment would be futile.โ€

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โ€œThe defects identified are not pleading defects curable by more careful drafting,โ€ Judge Cannon pointed out of the issues she identified within the case, adding, โ€œthey are defects in the underlying works themselves, which consist of ideas, themes, metaphors, and isolated words that no amendment can transform into protectable expression.โ€

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Swiftโ€™s legal team had earlier argued to have the case dismissed. โ€œThis is plaintiffโ€™s second frivolous and harassing lawsuit against the artist. Plaintiffโ€™s claims are, as in her last lawsuit, absurd and legally baseless,โ€ Swiftโ€™s attorney Douglas Baldridge said in a December filing.