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ARTICLE · 08 MARCH 2018

IP: Will You Be A Player Or A Hater?

Taylor Swift has been in the IP spotlight again and, as always, there are valuable lessons to be learned.

South AfricaIntellectual Property

Taylor Swift has been in the IP spotlight again and, as always, there are valuable lessons to be learned.

The singer was recently sued in a US court for copyright infringement. The case was brought by two songwriters, Sean Hall and Nathan Butler, who claimed that certain lyrics that feature in Taylor Swift's song Shake it Off – "Cause the players gonna play, play, play / And the haters gonna hate, hate, hate, hate, hate" – infringe their copyright in the lyrics of a song they wrote called Playas Gon' Play (performed by a group called JLW) – "Playas, they gonna play, and haters, they gonna hate."

The judge rejected the claim. His reasoning will be enlightening for those who are a tad out of touch with modern culture: "By 2001 American popular culture was heavily steeped in the concepts of players, haters and player-haters ... the concept of actors acting in accordance with their essential nature is not at all creative, it is banal. The alleged infringed lyrics are

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