Judge uses lyrics from Taylor Swift songs to dismiss copyright lawsuit filed against her
Published 13/11/2015 | 07:58
A copyright case against Taylor Swift has been dismissed – with the judge using the singer’s lyrics in her conclusion.
Singer Jesse Braham filed a lawsuit on October 28 demanding $42 million in compensation, alleging that the chorus for Swift’s hit single Shake It Off had been ripped off from his song Haters Gonna Hate.
Braham insisted that the “hook” for Shake It Off is the same as his, and claimed that 92 per cent of Swift’s hit was based on his song.
In the chorus of Shake It Off, Swift sings: “Cos the players gonna play, play, play, play, play and the haters gonna hate, hate, hate, hate, hate and the fakers gonna fake, fake, fake, fake, fake.”
Braham’s lyrics include the lines: “Haters gonna hate, playas gonna play, watch out for them fakers, they'll fake you everyday.”
Before taking legal action, Braham had asked Swift’s management whether his name could be added to the credits of Shake It Off along with fellow writers Max Martin and Shellback. He added that a selfie with Swift would also be appreciated, but Swift’s team declined the offer.
United States District Court Judge Gail Standish decided that Braham had failed to provide sufficient factual evidence against Swift. Standish ruled that his case was based on mere speculation.
She concluded the case by referencing three of Swift’s songs, We Are Never Ever Getting Back Together, Bad Blood and Blank Space.
“At present, the Court is not saying that Braham can never, ever, ever get his case back in court. But, for now, we have got problems, and the court is not sure Braham can solve them.
“As currently drafted, the Complaint has a blank space - one that requires Braham to do more than write his name. And, upon consideration of the Court’s explanation, Braham may discover that mere pleading BandAids will not fix bullet holes in his case.
“At least for the moment, Defendants have shaken off this lawsuit.”
Shake It Off was the lead single from Swift’s hit album 1989. The song debuted at number on in the US charts and was the 11th best-selling song of 2014 in the UK.
Earlier this month, Pharrell and Robin Thicke lost a lawsuit claiming their hit Blurred Lines had ripped off a song by Marvin Gaye.