The lyrics to "Plays Gon Play" include, "Playas, they gonna play/ And haters, they gonna hate." .
Sean Hall and Nathan Butler, who wrote 3LW's song "Playas Gon' Play", sued Swift with the allegation that she stole lyrics from their song to create her 2014 hit, "Shake it Off". Even if, as Plaintiffs contend, Plaintiffs were the first to employ the concepts of players playing and haters hating for the goal of expressing "the idea of not concerning yourself with what other people do and think", the allegedly-infringed lyrics consist of just six relevant words - "playas ... gonna play" and "haters ... gonna hate".
"The allegedly infringed lyrics are short phrases that lack the modicum of originality and creativity required for copyright protection", Fitzgerald added. "Compare that to the chorus to Swift's hit single, which goes, "'Cause the players gonna play, play, play / And the haters gonna hate, hate, hate, hate, hate". "As discussed above, players, haters, and player haters had received substantial pop culture attention prior to 2001", the order reads. According to a spokesperson for Swift, the lawsuit was just a money grab, and they simply do not have a case. "The concept of actors acting in accordance with their essential nature is not at all creative; it is banal". However, the plaintiffs have until 26 February to amend their complaint.
"In sum, the lyrics at issue. are too brief, unoriginal, and uncreative to warrant protection under the Copyright Act", he wrote.
But Gerard Fox, the attorney for the two songwriters, said he had no intention to file an amended complaint and would instead appeal Fitzgerald's ruling to the 9th U.S. Circuit Court of Appeals. "I'm sorry, it's actually embarrassing".
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