Taylor Swift files an appeal against a court judgment over charges that she stole the lyrics to Shake It Off

Taylor Swift appealed against a court decision over Shake It Off (Picture: Getty Images)

Taylor Swift has filed an appeal against a court order ordering her to stand trial over charges she stole lyrics for Shake It Off.

The 32-year-old singer-songwriter released the catchy ballad as the lead single off her fifth studio album, 1989, in 2014.

However, she has been accused of plagiarizing 3LW's Playas Gon' Play lyrics.

Songwriters Sean Hall and Nate Butler claimed she plagiarized phrases from a song they wrote for the girl group in 2001.

Both songs contain the line 'players are going to play' and 'haters will hate.

District Judge Michael Fitzgerald determined 'sufficient objective similarities' between the two songs to warrant a jury trial.

On the other hand, Taylor's lawyers have condemned a US judge's decision to allow the trial to proceed to court as 'unprecedented,' urging that it be reconsidered.

Plaintiffs might sue anyone who writes, sings, or publicly states "players going to play" and "haters going to hate," according to court records obtained by Billboard on Thursday.

'To permit such would be unprecedented and would be a theft of the public domain.

'Doing so leaves only this similarity: both works make use of free-to-use versions of two short public domain words – "players going to play" and "haters going to hate" – as well as two additional but distinct tautologies that plaintiffs assert share the same underlying general idea or concept.'

They contended that the two lyrics did not pass the 'extrinsic test' of demonstrating substantial similarity when the materials were compared.

'The inclusion of versions of two brief public domain phrases and two additional tautologies in both songs...simply does not satisfy the extrinsic test,' the attorneys noted in the filing.

Defendants respectfully petition the court to reconsider its decision and apply the extrinsic test to the alleged substantial similarity in lyrics.'

Shake It Off's lyrics read, 'The players are going to play, play, play, play, and the haters are going to hate, hate, hate, hate, hate, hate.'

While performing Playas Gon' Play, 3LW — comprised of Adrienne Bailon, Kiely Williams, and Naturi Naughton, who was later replaced in the lineup by Jessica Benson – sang the lines: 'Players, they going to play, and haters, they going to hate.'

For years, the issue has dragged on with Taylor's representatives labeling the songwriters' accusations 'ridiculous' and a 'money grab' in 2017.

The judge initially dismissed the lawsuit, finding the lyrics were too 'unoriginal' to be protected by copyright, citing 13 last songs with similar lyrics.

However, after the writers appealed the judge's judgment in 2018, a federal appeals court overruled it, reopening the litigation.

They demand specific monetary damages.

Publish : 2021-12-29 18:08:00

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