The plaintiffs' song includes the following line in the chorus: "Playas, they gonna play, and haters, they gonna hate". But in September (17), songwriting duo Sean Hall and Nathan Butler filed papers claiming they came up with the line in a hit song they penned 16 years ago. Yesterday judge Michael Fitzgerald did just that, declaring that the lyrics shared by "Shake It Off" and "Playas Gon Play" are "banal".
For comparison purposes, Swift, in "Shake It Off" declares "The players gonna play, play, play, play, play and the haters gonna hate, hate, hate, hate, hate".
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Taylor Swift can shake off one nettlesome legal entanglement. "While the Court is extremely skeptical that Plaintiffs will-in a manner consistent with Rule 11-be able to rehabilitate their copyright infringement claim in an amended complaint, out of an abundance of forbearance it will give Plaintiffs a single opportunity to try".
The plaintiffs have until February 26 to file an amended complaint. So Fitzgerald's analysis centers on whether there is substantial similarity between protectable lyrics.
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"The concept of actors acting in accordance with their essential nature is not at all creative; it is banal".
Responding to the allegations previously, a spokesperson for Swift had said that it was a "money grab".
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The plaintiffs acknowledged that the concepts of players playing and haters hating "were already firmly rooted in pop culture" when the song was released, according to the order. They added, "The law is simple and clear. They do not have a case", they wrote. Three years ago, recording artist Jesse Graham issued a $42 million lawsuit against Swift, claiming that her song lifted from his track "Haters Gone Hate".