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.
