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| Taylor Swift, left, performs onstage during The Eras Tour at Hard Rock Stadium on October 18, 2024 in Miami Gardens, Florida. Judge Aileen Cannon, inset, is overseeing a copyright case involving the superstar. John Shearer/TAS24/Getty Images for TAS Rights Management/United States District Court for the Southern District of Florida |
Pop superstar Taylor Swift, currently in the midst of her over year-and-a-half-long Eras Tour, is facing a copyright infringement lawsuit in Southern Florida, overseen by Judge Aileen Cannon.
Cannon gained national attention for her role in the classified documents case involving former President Donald Trump, which she dismissed earlier this year.
It’s not unusual for musicians to encounter lawsuits claiming they’ve borrowed from others' work, and as one of the world’s bestselling artists, Swift has faced such allegations multiple times.
The plaintiff in this case, Kimberly Marasco, claims that Swift failed to appropriately credit her for lyrics and creative contributions.
Swift's legal team has denied these allegations and is working to have the lawsuit dismissed.
In April, Marasco, who hails from Fort Pierce, Florida, initially filed her lawsuit against Taylor Swift Productions Inc. The case was later moved from small claims court to the federal Southern District of Florida in May, where Judge Cannon took over. Marasco is representing herself, a status known as pro se.
Originally, Marasco sought $100 in damages and recognition as a writer. However, her second amended complaint, filed in October, escalates the request to over $7 million in damages.
The lawsuit alleges that Swift's songs and music videos incorporate "creative elements" that are derivative of Marasco's work, without proper authorization or acknowledgment.
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| An image from court documents shows Kimberly Marasco's choreography besides Taylor Swifts. Marasco is accusing Swift of copyright infringement. Kimberly Marasco Lawsuit |
In her complaint, Marasco references several songs and videos from Swift's albums Lover, Folklore, Midnights, and The Tortured Poets Dept, claiming they "infringe Plaintiff's copyrights" by including text from her poems. She identifies over a dozen songs that allegedly feature "unique expressions" found in her works, including Fallen From Grace and Dealing with Chronic Illness: Vestibular Neuritis.
Additionally, her complaint highlights "strikingly similar" choreography, specifically mentioning a dance routine she created that utilizes a chair.
The Swift Report has reached out to both Marasco and Swift's attorney and publicist for comments via email on Wednesday evening.
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| An image shows a photo that Kimberly Marasco accused Taylor Swift of stealing and using for her album. Kimberly Marasco Lawsuit |
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| Kimberly Marasco's cover for "Fallen From Grace" next to Taylor Swift's "Lover" album. Marasco is accusing Swift of copyright infringement. Kimberly Marasco Lawsuit |
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| Kimberly Marasco's poetry compared to Taylor Swift's lyrics. Kimberly Marasco Lawsuit |
Swift's legal team has submitted two motions to dismiss the complaint, as detailed in court documents reviewed by The Swift Report.
The first motion was filed in late May, with her attorneys arguing that the lawsuit is "legally and factually baseless." They contended that "any amendment to the Complaint would be futile" and requested that the judge deny any attempts to amend the complaints. Furthermore, they sought to prevent Marasco from refiling her lawsuit if it were dismissed.
In September, Swift's lawyers filed a second motion to dismiss, asserting that Marasco's amended complaint "fails to state a claim." They noted that to succeed, Marasco needed to "plausibly allege" that Swift copied protectable elements, which they argue her complaint does not accomplish.
Swift's attorneys pointed out that Marasco confuses "'expression' with metaphors, themes, or ideas, as well as single words or short phrases."
"Even if these elements were considered protected expression (which they are not), the Plaintiff has still failed to plausibly demonstrate unlawful copying—failing to establish both access and any significant or striking similarity between the works—for each of the thirteen counts of alleged infringement," they stated.
Judge Cannon, appointed to the District Court in 2020 by Trump, rejected the defendant's motion to dismiss on September 19.
Earlier this week, the United States District Court for the Southern District of Florida issued two summons for Marasco's amended complaint, according to court documents.
The lawsuit from Marasco was filed before Swift publicly endorsed Vice President Kamala Harris in her White House bid. She announced she was backing the Democratic nominee following the September presidential debate between Harris and Trump, who is the Republican nominee.
Days after her endorsement, Trump posted on Truth Social, "I HATE TAYLOR SWIFT!"
Swift has repeatedly encouraged her massive fan base to register to vote. In 2020, she endorsed Democratic candidate Joe Biden for president after not endorsing either Trump or former Secretary of State Hillary Clinton in 2016.
Cannon reportedly appears to be a potential candidate for attorney general if Trump is elected to the White House, according to ABC News.