Did the judge find substantial similarity between the songs?

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The Judge Did Not Find Substantial Similarity Between the Song Lyrics and the Poem

US District Judge Aileen M. Cannon dismissed a copyright lawsuit against Taylor Swift, ruling that the poet who accused Swift of copying lyrics failed to demonstrate substantial similarity between her work and Swift's 2019 song "The Man." The court determined that the material in question, comprising basic ideas, themes, metaphors, isolated words, and short phrases, does not constitute protected expression under copyright law. Furthermore, the poet did not provide sufficient evidence to show that Swift had access to her work, a necessary component for proving infringement.
Lack of Protected Expression

The core of the judge's dismissal rested on the nature of the material alleged to have been copied. Copyright law protects the specific expression of an idea, not the idea itself. In this case, the court found that the elements cited by the plaintiff—such as common themes, metaphors, and isolated words or short phrases—fall into the category of unprotectable ideas or basic building blocks of creative expression. For instance, while a specific sequence of words forming a unique metaphor might be protected, the general theme of female empowerment or common metaphors used to express it are not.
Standard for Copyright Infringement

To succeed in a copyright infringement claim, a plaintiff must typically prove two elements: ownership of a valid copyright and the copying of constituent elements of the work that are original. Copying can be proven either by direct evidence or by demonstrating that the defendant had access to the plaintiff's work and that the two works are "substantially similar." Substantial similarity means that the average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work. This standard requires more than just a superficial resemblance; it involves a qualitative comparison of the protected elements.
Failure to Prove Access and Similarity

In this instance, the plaintiff failed to meet the threshold for both access and substantial similarity. The court found no evidence that Taylor Swift had any opportunity to encounter the poet's self-published work. Moreover, the judge concluded that the alleged similarities were not substantial enough to warrant copyright protection, as they pertained to unprotectable ideas and themes rather than specific, original expression. This dual failure led to the dismissal of the lawsuit, preventing the poet from refiling the same claims.

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Did the judge find substantial similarity between the songs?

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