District Judge Gail Standish (C.D. Cal.) has issued a whimsical opinion dismissing without prejudice a songwriter’s claim that Taylor Swift’s “Shake It Off” copied lyrics from his song “Haters Gone Hate.” In her conclusion, Judge Standish quotes several of Swift’s songs:
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 in Part II, Braham may discover that mere pleading BandAids will not fix the bullet holes in his case. At least for the moment, Defendants have shaken off this lawsuit.
While a nice humorous twist on the often staid language of a federal district court opinion, I did not find this language the most interesting — from a copyright infringement standpoint. Instead, I was drawn to the discussion of what constitutes protectable expression; i.e., sufficiently original. After a brief discussion of internet searches for lyrics containing “haters gonna hate” and/or “players gonna play,” Judge Standish notes, somewhat ominously, that “Braham should consider whether filing a new complaint claiming that his lyrics “Players Gonna Play” and “Haters Gonna Hate” are original would conflict with his duty under Federal Rule of Civil Procedure 11 not to make factually or legally baseless claims.”
Judge Standish’s opinion is below.