Update: Taylor Swift wants a judge to take another look at his decision that a copyright infringement lawsuit against her can proceed. In a motion filed by Swift’s side…
(Newser) – Update: Taylor Swift wants a judge to take another look at his decision that a copyright infringement lawsuit against her can proceed. In a motion filed by Swift’s side on Dec.23, they say District Judge Michael W. Fitzgerald should have considered the „extrinsic test“ in regards to similarities between „Shake It Off“ and the 2001 single „Playas Gon‘ Play.“ Rolling Stone reports they’re arguing that test, along with established Circuit law, requires the court to only consider „protectable elements“ and not those in the public domain. „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 motion argues. It adds that while they similarly use repetitive phrases called tautologies, tautologies aren’t protected either. A hearing is set for Feb.
