Overview
On July 6, a federal judge dismissed a lawsuit in which a Florida poet accused pop star Taylor Swift of copying lines from her poems for more than a dozen songs. U.S. District Judge Aileen Cannon concluded the plaintiff did not demonstrate that her poems contain protectable expression or that Swift had access to the poems and produced songs that an ordinary observer would find substantially similar.
Plaintiff and representation
The plaintiff, Kimberly Marasco, represented herself in the matter. According to court filings and follow up communication, Marasco said by email that she disagreed with the court's decision and intends to appeal.
Defendants and response
Named defendants included Taylor Swift and music industry entities such as Republic Records and Universal Music Group. Lawyers for Swift and the other defendants did not immediately respond to requests for comment.
Works at issue
Marasco alleged that Swift copied details from her poetry collections for songs on Swift's 2024 album The Tortured Poets Department, specifically citing "Down Bad" and "I Can Do It with a Broken Heart." Judge Cannon found that any overlap between the poems and the songs amounted to unprotectable elements - ideas, themes, metaphors and isolated words - rather than protectable expression.
Court's reasoning and examples
The judge provided multiple illustrations of the distinction, noting commonalities such as confronting adversity, the experience of being "gaslighted," or images of being submerged under water. Those similarities, the court said, fall into categories that are not eligible for copyright protection.
Procedural history
Judge Cannon previously dismissed an earlier version of Marasco's complaint in September. Where the plaintiff added new allegations in the amended filing, the court found the works still were not substantially similar. The opinion observed that the plaintiff herself characterized the alleged copying as "paraphrase[s]," "rephrase[s]," and copying with "minor word substitutions," undercutting the claim of substantial similarity.
Disposition and location
Monday's dismissal was entered with prejudice, barring Marasco from again amending her complaint. Judge Cannon's chambers are in Fort Pierce, Florida.
Personal note
Separately noted in filings and public reporting, Taylor Swift, 36, was married on July 3 to Travis Kelce, 36, the Kansas City Chiefs tight end, in a ceremony at Madison Square Garden in Manhattan.
Key points
- The court found the plaintiff failed to show her poems contained protectable expression or that Swift had access to them.
- The alleged similarities were characterized as unprotectable ideas, themes, metaphors and isolated words, not substantially similar expression.
- The dismissal was with prejudice, preventing further amendments to the complaint.
Risks and uncertainties
- The plaintiff has said she will appeal, so the legal process may continue in appellate court.
- Because the complaint was dismissed with prejudice, further district-court amendments are not permitted; any future challenge would require a successful appeal.