A poet cannot stop Taylor Swift from selling, performing or streaming songs that allegedly infringe on the poet’s copyrighted work, a federal judge in Florida ruled.
Kimberly Marasco argued the release of the Disney+ docuseries The End of an Era is broadcasting infringing works to millions and she asked the judge for an injunction.
But Judge Aileen Cannon decided Marasco’s motion for an injunction “clearly lacks a basis to grant the extraordinary relief sought.”
Marasco claimed “The Man,” “My Tears Ricochet,” “I Can Do It With a Broken Heart” and nearly a dozen other songs across several albums contain lyrics that are substantially similar to her poetry, a claim Taylor’s lawyers have denied, calling Marasco’s claims “frivolous and harassing” and “absurd and legally baseless.”
Taylor’s legal team said that the allegedly infringed-upon elements in Marasco’s poems — basic ideas, themes, metaphors, words and short phrases — are not protected elements of expression and cannot be infringed upon.
“For instance, the concept of betrayal or the words ‘fire’ or ‘love’ cannot be owned by one person, as basic themes or words are not protectable by copyright law,” Swift’s attorney James Douglas Baldridge wrote.
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