A rep for Taylor Swift dismissed the revival of the 'Shake It Off' lawsuit: 'They did not invent these common phrases.'
Upon dismissing the case in 2018, Judge Michael Fitzgerald said that when “Playas Gon’ Play” was released in 2001, “American popular culture was heavily steeped in the concepts of players, haters, and player haters… The concept of actors acting in accordance with their essential nature is not creative at all; it is banal.”
In its reversal, however, the Ninth Circuit judges cited a 1903 Supreme Court ruling, in which Justice Oliver Wendell Holmes wrote, “It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits.”
The Ninth Circuit judges added that “originality, as we have long recognized, is normally a question of fact … Justice Holmes’ century-old warning remains valid. By concluding that, ‘for such short phrases to be protected under the Copyright Act, they must be more creative than the lyrics at issues here,’ the district court constituted itself as the final judge of the worth of an expressive work.”
France Dernières Nouvelles, France Actualités
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