Taylor Swift is being sued and Aileen Cannon is the judge

Pop megastar Taylor Swiftwho is currently singing with her for more than a year and a half Tour of the Agewas accused of copyright infringement in a lawsuit in South Florida, where Judge Aileen Cannon presides over the case.

Cannon became a household name after being assigned to the former president Donald Trumpthe classified documents file, which she dismissed earlier this year.

It’s not uncommon for musicians to face lawsuits accusing them of taking other people’s work, and Swift, one of the world’s best-selling artists, has faced accusations herself several times.

Kimberly Marasco, the plaintiff in a current case, accused Swift of not properly giving her credit for lyrics and creative expression.

Swift’s legal team denied the claims and attempted to dismiss the lawsuit.

In April, Marasco — of Fort Pierce, Fla. — filed a lawsuit against Taylor Swift Productions Inc. The case was moved from small claims court to the Southern District of Florida, a federal court, in May, where Cannon was assigned. Marasco represents himself in court, status known as pro se

In the original small claims court filing, Marasco asked for $100 in damages and writer’s attribution credit. Marasco’s second amended complaint, filed in October, seeks more than $7 million in damages.

The suit alleges that Swift’s songs and videos have “creative elements” that copy Marasco’s work without authorization or credit.

In his complaint, Marasco cites several songs and videos from Swift’s albums Loved, Folklore, Midnightand Tortured Poets Deptclaiming that it “infringes the plaintiff’s copyright” by incorporating text from her poems. She lists over a dozen songs that supposedly “contain unique expressions” found in her poetry, Fallen from grace and Treatment of chronic diseases: vestibular neuritis.

Her complaint also notes “strikingly similar” choreography, “including a dance routine I choreographed using a chair.”

Newsweek reached Marasco and Swift’s attorney and publicist for comment via email Wednesday night.

Swift’s legal team has filed two motions to dismiss the complaint, according to court documents reviewed by Newsweek.

The first motion was filed in late May, with her lawyers arguing that the lawsuit is “legally and factually unfounded.” Swift’s attorneys also argued that “any amendment to the complaint would be unnecessary” and asked the judge to deny the requests to amend the complaint. Swift’s lawyers also tried to make it so Marasco couldn’t renew his lawsuit if it was dismissed.

In September, Swift’s attorneys filed a second motion to dismiss, arguing that the plaintiff’s amended complaint “fails to state a claim.” To make a claim, her lawyers said Marasco must “plausibly allege” protectable elements copied by Swift, which they said her complaint fails to do.

Marasco confuses ‘expression’ with metaphors, themes or ideas, and simple words or short lines,” according to Swift’s lawyers.

“Even if these elements were protected expression (they are not), Plaintiff has not plausibly pleaded illegal copying—failing to demonstrate both access and any level of substantial or striking similarity between the works—for each of the thirteen counts of alleged infringement. ,” Swift’s lawyers wrote.

The defendant’s motion to dismiss was denied by Cannon, who was appointed to the District Court in 2020 by Trump, on September 19.

Two subpoenas for Marasco’s amended complaint were issued by the United States District Court for the Southern District of Florida earlier this week, according to court documents.

Swift has been the subject of several other copyright infringement cases, including Hall v. Swiftwhich involved copyright concerns over the lyrics to the chorus of Swift’s hit song “Shake It Off.” The five-year-old lawsuit was dismissed before trial “in accordance with the parties’ stipulations,” the court’s order, reviewed by Newsweekhe stated. Chief Justice Michael Fitzgerald dismissed the case “in its entirety and with prejudice”, meaning it cannot be brought back to court.

Another case, In Dart v. Swift, which was filed in 2022, claimed that Swift’s “Lover” book “included a number of creative elements that copied the expressive designs and arrangements” of the plaintiff, Teresa La Dart. The case was voluntarily dropped by La Dart.

The Marasco lawsuit was filed before Swift publicly endorsed the vice president Kamala Harris in her offer to the White House. She announced her support for the Democratic nominee following the September presidential debate between Harris and Trump, which is Republican nominated.

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 the Democratic candidate Joe Biden for president after not endorsing either Trump or the former secretary of state Hillary Clinton in 2016.

According to reports, Cannon appears to be a potential candidate for attorney general if Trump is elected to the White House. ABC News.

Update 10/25/24, 6:45 PM ET: This article has been updated to clarify the dismissal of Hall v. Swift.