A copyright lawsuit filed against Taylor Swift by poet Kimberly Marasco has been dismissed by a federal judge. Marasco had alleged that some of Swiftโs lyrics were a copyright infringement of her poems.
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U.S. District Judge Aileen M. Cannon ruled that โthe allegedly infringed materialโbasic ideas, themes, metaphors, isolated words, and short phrasesโis 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(a) that Defendants had access to her works and (b) that the works are โso substantially similarโฆ that an average lay observer would recognise the alleged copy as having been appropriated from the original work.โโ
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In this case, however, the court ruled that Marasco โhas 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 Swiftโs lawyers slam Maren Wadeโs trademark lawsuit
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The song lyrics say: โIโm so sick of running as fast as I can/ Wondering if Iโd get there quicker if I was a man,โ which Marasco alleged is similar to the line in her poem that reads, โIโm running behind/ You say its His word against mine.โ
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The lawsuit noted that the concept of โa woman working in a corporate environmentโ under the category of โbasic ideas and themes,โ and such content is not โa proper subject of copyright protection.โ
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Judge Cannonโs 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 โfurther amendment would be futile.โ
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โThe 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, โthey 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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Swiftโs legal team had earlier argued to have the case dismissed. โThis is plaintiffโs second frivolous and harassing lawsuit against the artist. Plaintiffโs claims are, as in her last lawsuit, absurd and legally baseless,โ Swiftโs attorney Douglas Baldridge said in a December filing.