Taylor Swift's 2014 hit "Shake It Off" is once again at the heart of the legal battle. On Monday, a federal appeals court reinstated a copyright lawsuit from songwriters Sean Hall and Nathan Butler, who claim that the individual lifts' lyrics are from their 2001 play "Playas Gon & # 39; Play" request for comment.
While both songs include variations of the terms "playas going play" and "haters going to hate," a judge in the US District Court dismissed the case in February 2018. Judge Michael Fitzgerald concluded at that time, "Since 2001. , American popular culture has been heavily represented in the concepts of players, haters and haters … The concept of actors acting in accordance with their intrinsic nature is not at all creative; it's banal. "
In their address, Judges John Owens, Andrew Herwitz and Kenneth Lee wrote that" originality, as we have long acknowledged, is usually a matter of fact … The age-old warning of Justice Holmes remains valid. Concluding that "in order to protect such short phrases under the Copyright Act, they must be more creative than the texts discussed here," the district court became the ultimate judge of the value of expressive work. Since the lack of originality has not been established either on the face of the complaint or through the judicially observed issues, we are canceling the dismissal of the district court. "
The case is now being referred back to the US District Court for further proceedings.