Case Against Taylor Swift Over Lyrics Continues

Hall v. Swift, No. CV 17-6882-MWF (ASx), 2020 U.S. Dist. LEXIS 165214 , 2020 WL 5358390 (C.D. Cal. Sep. 2, 2020)

Sean Hall and Nathan Butler, who own the copyrights to the 2001 song “Playas Gon’ Play” by 3LW, filed a copyright infringement action against Taylor Swift and her label. Hall and Butler allege that Swift copied their lyrics in the chorus of her song “Shake it Off.” The allegedly similar lyrics are Taylor Swift’s: “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate,” and Hall’s and Butler’s: “Playas, they gonna play / And haters, they gonna hate / Ballers, they gonna ball … .”

In 2018, the US District Court of Central California originally granted Defendant Swift’s motion to dismiss on the grounds that plaintiffs’ lyrics lacked sufficient originality to enjoy copyright protection. Hall and Butler appealed the dismissal and in 2019, the 9th Circuit Court of Appeals reversed the dismissal and denied Taylor Swift’s motion to dismiss because the plaintiffs sufficiently plead their case of originality of the lyrics and could not be decided as a matter of law at this point.

On September 2, 2020, the case returned to the US District Court and Swift’s motion to dismiss was denied. The court refused Swift’s Merger Doctrine argument that the idea, people are going to do whatever they are going to do, can only be expressed in one way because at this stage, the court cannot conclude as a matter of law that the Merger Doctrine applies to this action.

The court further disagreed with Swift that the combination of words, playas/players playing along with hatas/haters hating, is an arrangement of unprotectable elements because there are at least two, and perhaps as many as nine, creative choices that Swift copied, precluding dismissal at this point.

Lastly, the court was not persuaded by Swift’s argument that there was only a narrow range of available creative choices so that the works would have to be virtually identical to be substantially similar because at this stage of the lawsuit, the court is not ready to determine the range of creative choices available. The case will proceed to trial.