According to reports, Taylor Swift has filed a motion to dismiss the copyright infringement lawsuit leveled against her for her track ‘Shake It Off,’ just weeks after a judge ordered the singer to stand trial.
As previously reported, the lawsuit argues that sections of Swift’s 2014 hit single, “Shake It Off” was copied from 3LW’s 2001 track “Playas Gon’ Play.”
Swift filed a request on Dec. 23 asking Judge Michael Fitzgerald to review his judgment, according to Rolling Stone.
“Both works use versions of two short public domain phrases — “players gonna play” and “haters gonna hate”— that are free for everyone to use,” the new motion states. “The presence of versions of the two short public domain statements and two other tautologies in both songs simply does not satisfy the extrinsic test. Otherwise, plaintiffs could sue everyone who writes, sings, or publicly says ‘players gonna play’ and ‘haters gonna hate’ alone with other tautologies. To permit that is unprecedented and cheats the public domain.”
According to Rolling Stone, Gerard Fox, the lawyer for “Playas Gon’ Play” writers Sean Hall and Nathan Butler, informed the publication:
“We feel there is no basis for reconsideration, and that this is just a music mogul and her machine trying to deny our client justice by outspending a fellow lower-income artist. Totally uncool among artists.”
Swift’s move for dismissal comes only weeks after a federal judge said that there are “enough objective similarities” between the two tracks to merit a trial.
Judge Fitzgerald said at the time:
“Even though there are some noticeable differences between the works, there are also significant similarities in word usage and sequence/structure. Although Defendants’ experts strongly refute the implication that there are substantial similarities, the Court is not inclined to overly credit their opinions here.”
The lawsuit was filed in 2017 by songwriters Hall and Butler over the lyrics “playas, they gonna play” and “haters, they gonna hate,” which are identical to Swift’s “Shake It Off” chorus.
However, the judge stated that lyrics are “short phrases that lack the modicum of originality and creativity required for copyright protection.”
Swift’s motion for reconsideration will be heard in Los Angeles on February 7th.
Listen to both songs below and let us know what you think in the comment section below.
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