From yesterday’s Hall v. Swift (C.D. Cal. Feb. 13, 2018):
The only obvious similarities between [plaintiff Sean Hall’s Playas Gon’ Play and defendant Taylor Swift’s Shake It Off] is that Playas Gon’ Play contains the lyrics “Playas, they gonna play / And haters, they gonna hate,” and Shake it Off contains the lyrics “‘Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.” The lynchpin of this entire case is thus whether or not the lyrics “Playas, they gonna play / And haters, they gonna hate” are eligible for protection under the Copyright Act.
The Copyright Act protects “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.” … “Although the amount of creative input by