What types of material does copyright law not protect, according to the judge?

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Copyright Law Does Not Protect Basic Ideas, Themes, and Short Phrases

US District Judge Aileen M. Cannon ruled that fundamental elements such as basic ideas, themes, metaphors, isolated words, and short phrases are not protected expression under copyright law and therefore cannot be infringed. This decision came in response to a lawsuit filed by poet Kimberly Marasco, who alleged that Taylor Swift copied lyrics from her work for the 2019 song "The Man." The court found that the alleged similarities between the two works centered on unprotectable ideas and themes.
Unprotectable Elements Identified by the Court

The ruling specifically enumerated several categories of material that fall outside the scope of copyright protection. These include abstract concepts like basic ideas and themes, as well as common literary devices such as metaphors. Furthermore, the judge clarified that isolated words and short phrases, when considered independently, do not constitute protected expression that can be subject to copyright infringement claims.
Rationale for Dismissal of Lawsuit

Judge Cannon's decision to dismiss the lawsuit, with prejudice, was based on the assertion that the alleged similarities between Marasco's poem and Swift's song did not meet the legal threshold for copyright infringement. The court determined that Marasco failed to demonstrate that Swift had access to her work or that there was substantial similarity between the protected expression in both works. The judge noted that the identified flaws in the claim were not merely drafting errors but fundamental issues related to the nature of copyrightable material.
Previous Legal Actions and Arguments

This was not the first time Marasco had brought such claims against Swift; the judge's ruling dismissed the lawsuit with prejudice, preventing Marasco from refiling the same claims. Swift's legal team had argued that the lawsuit was meritless and described it as a frivolous and harassing action. Douglas Baldridge, Swift's lawyer, characterized the claims as absurd and legally baseless in a court filing, underscoring the defense's position that the case lacked legal standing from its inception.

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What types of material does copyright law not protect, according to the judge?

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