Copyright protection is critical for businesses of all sizes as it allows them the opportunity to benefit from their work. There would be little financial incentive for new ideas, music, art, design, or enterprise without such protection. A copyright exists from the moment a creative work, such as a poem, book, film, music, image, software, or song lyrics, is created so long as it demonstrates some level of labor, skill, or judgment (known as “a modicum of creativity”). However, an individual or business must file for copyright protection with the U.S. Copyright Office to be able to pursue infringers via litigation.
If you follow music or intellectual property news, you may have seen details about the Taylor Swift copyright lawsuit. Being one of the highest-paid music singers in the United States has many perks but being the focus of a copyright lawsuit is not one of them. Jesse Braham (stage name: Jesse Graham) has sued Taylor Swift for the lyrics to her song “Shake It Off.” He contends that his 2013 song, “Haters Gone Hate” includes phrases like “haters gonna hate” and “players gonna play” and Taylor’s song uses phrases such as “and the haters gonna hate, hate, hate, hate, hate” and “‘cause the players gonna play, play, play, play, play.” Taylor Swift is well-known in the business for being fiercely protective of her music and we are following this lawsuit closely.
Recent Developments in the Lawsuit
In recent years, several high-profile cases have put the music copyright standards to the test in court, raising concerns that musicians could face a flood of litigation. For these, and other reasons, a competent copyright attorney must be on board to protect artists and musicians.
A copyright claim against Ms. Swift was brought by Hall and Butler, who wrote the 3LW song,“Playas Gon’ Play,” in 2017, but it was dismissed the next year. The judge’s stance was that the lyrics, specifically “Playas Gon’ Play” lacked the modicum of originality and imagination essential for copyright protection. Judge Fitzgerald also listed 13 other songs, including The Notorious B.I.G.’s “Playa Hater” and Sir Mix-a-Lot’s “Man U Luv Ta Hate,” that featured comparable lines in their lyrics without issue.
In 2019, a federal appeals court intervened and overturned the judge’s decision, finding that the judge had dismissed the case too soon and that “Playas Gon’ Play” was sufficiently innovative to warrant copyright protection. Judge Fitzgerald was then summoned to hear the matter again.
Taylor Swift’s legal team had asked for the lawsuit to be dismissed again, and Swift had asked Fitzgerald to provide an immediate judgment that she had not infringed on any copyrights, but the court refused. The copyright case has been in the works since 2017, and Judge Fitzgerald ordered in December 2021 that the matter should be tried in court and decided by a jury. According to the recent order, Taylor Swift is likely to face trial again.
Why is it important for Artists to consult a Copyright Attorney?
There are several reasons why you should consider hiring a copyright attorney if you create and perform songs for a profession. You need a skilled lawyer who is always on your side, whether you need protection against unscrupulous people attempting to make a profit by illegally utilizing your intellectual property or you need to make sure you are working with a properly organized music recording contract. Artists frequently make the mistake of overlooking copyrights and their significance. If you are an artist and need legal assistance, contact The Myers Law Group to have a copyright attorney guide you through the copyright process. We are available for a no-obligation consultation.