Taylor Swift Faces $25 Million Copyright Lawsuit On Tylor Song Shake It Off Florida Poet Claims Megastar Stole Her Work
A Florida artist has filed copyright infringement claims against pop superstar Taylor Swift, seeking $25 million in damages and alleging that Swift used elements from her poetry without authorization in songs spanning multiple albums. The lawsuit, filed in Southern Florida federal court, targets some of Swift’s biggest hits and has emerged as one of the music industry’s most talked-about copyright battles.
The case initially began in April 2024 when Kimberly Marasco sued Swift and Taylor Swift Productions Inc., claiming several songs and music videos contain creative elements that copy her work without permission or credit. What started as a $100 small claims case has evolved into a multimillion-dollar federal lawsuit that could reshape how courts evaluate copyright infringement in music.
The Core Copyright Infringement Claims
Marasco alleges that Swift’s songs and music videos have “creative elements” that copy her work without authorization or credit, with the complaint citing songs and videos from Swift’s albums Lover, Folklore, Midnights, and The Tortured Poets Department.
The copyright lawsuit centers on allegations that Swift incorporated text and themes from Marasco’s poetry collections without permission. The complaint contends that these songs contain metaphors and themes similar to several of Marasco’s copyright-protected poems, including one called “Ordinary Citizen” and one called “Scorpion”.
Songs and Albums Under Scrutiny
The Taylor Swift copyright infringement lawsuit identifies more than 10 songs allegedly containing unique expressions from Marasco’s poetry:
- From “Lover” album: “The Man” and “Death by a Thousand Cuts”
- From “Folklore” album: “Illicit Affairs” and “Hoax”
- From “Midnights” album: “Midnight Rain”
- From “The Tortured Poets Department”: “Who’s Afraid of Little Old Me?” and “I Can Do It With a Broken Heart”
Marasco claims Swift’s “Lover” album mimics her cover for her album “Fallen from Grace,” and that Swift has stolen elements of her choreography, including a dance routine involving a chair.
Legal Battle Timeline: From Small Claims to Federal Court
The copyright infringement case has taken several dramatic turns:
April 2024: Marasco originally filed a claim in small claims court seeking $100 in damages and writer’s attribution credit, then amended her complaint in October, requesting more than $7 million in damages.
December 2024: Judge Aileen Cannon dismissed Swift from the lawsuit without prejudice because the plaintiff failed to serve the lawsuit in a timely manner, though claims against Taylor Swift Productions, Inc. have not been dismissed.
February 2025: Marasco filed a second lawsuit expanding her claims to include songwriters Jack Antonoff and Aaron Dessner, along with Universal Music Group, Inc., and Republic Records, now seeking $25 million.
May 2025: U.S. District Judge Aileen M. Cannon granted Marasco’s request for an extension to serve Swift until June 15 after Marasco documented difficulties locating the pop star.
Copyright Law 101: Understanding Substantial Similarity
To win a copyright infringement lawsuit under federal law (17 U.S.C. § 501), a plaintiff must prove three critical elements:
- Valid Copyright Ownership: The plaintiff owns a registered copyright for the original work
- Access: The defendant had access to the copyrighted material
- Substantial Similarity: The allegedly infringing work is substantially similar to protected elements of the original
The Substantial Similarity Test Explained
Courts use substantial similarity as the standard to determine whether a defendant has infringed the reproduction right of a copyright, recognizing that the exclusive right to make copies would be meaningless if infringement were limited to only exact reproductions.
Courts apply both an “extrinsic test” (objective comparison of specific expressive elements) and an “intrinsic test” (subjective comparison focusing on whether an ordinary audience would find works substantially similar in total concept and feel).
For musical compositions, protection for original expression does not extend to ideas, concepts, common or trite musical elements, or commonplace elements firmly rooted in genre’s tradition.
The Access Problem: Swift’s Legal Defense
One of the biggest hurdles facing Marasco’s copyright lawsuit involves proving access. While Marasco has registered her poetry, proving that Swift had access to her work could prove to be challenging.
Swift’s legal team has mounted an aggressive defense. Her lawyers filed motions to dismiss alleging that the lawsuit is “legally and factually baseless” and that the plaintiff’s amended complaint “fails to state a claim”.
Time-Barred Claims Defense
Swift’s lawyers argued that seven of Marasco’s claims were filed beyond the statute of limitations, as copyright infringement claims must be filed within three years of the plaintiff learning about the alleged infringement. Since the complaint was filed in April 2024, Marasco can only pursue claims she became aware of after April 2021, potentially excluding albums Lover, Folklore, and Evermore which were all released before 2021.
Service of Process Challenges
Marasco has encountered significant challenges in serving Taylor Swift with the copyright complaint, attributing these difficulties to Swift’s private lifestyle, extensive security measures, and multiple residences held under limited liability companies and trusts.
Swift’s attorneys noted that “despite public reporting that Artist was in New York City in March 2025, Plaintiff attempted service on the other side of the country in California,” and that Marasco “attempted service at a Rhode Island property in April 2025, despite being aware that the house was undergoing ‘major’ renovations”.
What This Means for Music Copyright Law
This Taylor Swift copyright infringement lawsuit joins a growing list of high-profile music copyright disputes that test the boundaries of creative ownership.
Recent Precedents in Music Copyright Cases
As of June 2025, the copyright infringement lawsuit filed against Swift over “Shake It Off” by songwriters Sean Hall and Nathan Butler has been formally dismissed, ending nearly eight years of litigation that centered on phrases like “players gonna play” and “haters gonna hate”.
The music industry has seen increasing scrutiny over copyright claims:
- Ed Sheeran successfully defended “Thinking Out Loud” against claims it infringed Marvin Gaye’s “Let’s Get It On”
- Katy Perry faced allegations regarding Christian hip-hop artists
- The controversial “Blurred Lines” verdict against Robin Thicke and Pharrell Williams changed how courts evaluate musical similarity
What Makes This Case Different
Several factors distinguish the Taylor Swift copyright lawsuit:
- Poetry vs. Music: The case involves alleged copying from poetry collections rather than musical compositions
- Multiple Albums: Claims span four different Swift albums across several years
- Visual Elements: Allegations extend beyond lyrics to include choreography and album artwork
- Self-Representation: Marasco is representing herself in the proceedings
Legal Experts Weigh In
Copyright law presents unique challenges when applied to creative works, particularly music. Courts must distinguish between protected and unprotected material in a plaintiff’s work, conducting an “analytic dissection” and filtering out non-protectible elements when determining substantial similarity.
Applying the extrinsic test to music is challenging because “music is comprised of a large array of elements, some combination of which is protectable by copyright”.
The threshold for copyright infringement in music remains deliberately high to avoid stifling creativity. Common chord progressions, standard rhythmic patterns, and generic lyrical themes generally cannot be copyrighted as they belong to the public domain.
The Cost of Copyright Litigation
Marasco has asked the court to allow her to file documents electronically, citing that “significant” mailing and travel expenses have become “burdensome,” with printing documents using her HP Inkjet printer incurring approximately $120 for ink and paper.
Copyright lawsuits against major recording artists typically involve:
- Attorney fees ranging from $50,000 to $500,000+
- Expert witness costs for musicologists
- Extensive document production
- Potential appeals that can stretch litigation for years
What Happens Next?
The court has set deadlines for Marasco to properly serve all defendants, with Cannon ordering that no defendant shall file a response until all parties have been served.
Judge Aileen Cannon has yet to decide whether to dismiss the copyright infringement lawsuit against Taylor Swift’s production company, nearly two months after the motion was filed.
Swift’s defense team maintains their position that Marasco’s claims remain “entirely unfounded” and that her “final opportunity” to state a claim fails.
Copyright Protection for Musicians and Songwriters
This lawsuit highlights critical copyright considerations for music industry professionals:
Protecting Your Original Work
- Register your copyrights promptly with the U.S. Copyright Office (copyright.gov)
- Document your creative process with dated records, recordings, and drafts
- Understand what’s protectable: Original melodies, unique lyrical expressions, and distinctive arrangements receive protection
- Know what’s not protectable: Musical ideas, chord progressions, common themes, and generic phrases
Avoiding Infringement Claims
- Clear all samples and interpolations before release
- Document inspiration sources and creative influences
- Consult with entertainment attorneys before releasing potentially contentious material
- Obtain proper licenses for cover songs and adaptations
Federal Copyright Law Framework
The Copyright Act of 1976 (17 U.S.C. § 101 et seq.) governs music copyright protection in the United States. Key statutory provisions include:
- 17 U.S.C. § 102: Subject matter of copyright
- 17 U.S.C. § 106: Exclusive rights in copyrighted works
- 17 U.S.C. § 501: Copyright infringement standards
- 17 U.S.C. § 504: Remedies for infringement
Copyright holders can pursue both statutory damages (up to $150,000 per work for willful infringement) and actual damages plus profits.
Frequently Asked Questions
What is the Taylor Swift copyright infringement lawsuit about?
Florida artist Kimberly Marasco filed a copyright infringement lawsuit against Swift, songwriters Jack Antonoff and Aaron Dessner, Universal Music Group, and Republic Records, alleging that Swift’s songs and music videos contain elements copied from Marasco’s poetry collections.
How much money is Taylor Swift being sued for?
Marasco now seeks $25 million in damages, an increase from the $7 million sought in her original lawsuit.
Which Taylor Swift songs are involved in the lawsuit?
The lawsuit involves songs from albums Lover, Folklore, Midnights, and The Tortured Poets Department, including “The Man,” “Illicit Affairs,” “Midnight Rain,” and “Who’s Afraid of Little Old Me?”
What must be proven in a music copyright infringement case?
A plaintiff must prove ownership of a valid copyright, that defendants had access to the copyrighted works, and substantial similarity between the copyright-protected work and the allegedly infringing songs.
Has Taylor Swift won or lost copyright lawsuits before?
Swift’s long-running legal battle over “Shake It Off” was officially dismissed in June 2025, ending nearly eight years of litigation. Swift has successfully defended against multiple copyright claims throughout her career.
What is Judge Aileen Cannon’s role in this case?
Judge Aileen Cannon is presiding over Marasco’s first lawsuit in the Southern District of Florida and previously dismissed Swift from the case without prejudice due to service issues, though claims against Taylor Swift Productions remain active.
Can someone represent themselves in a federal copyright lawsuit?
Yes, individuals have the right to self-representation (pro se) in federal court. However, copyright litigation involves complex legal standards and procedures that typically benefit from professional legal representation.
How long does a copyright infringement lawsuit typically take?
Copyright lawsuits can take 2-5 years or longer to resolve, depending on case complexity, discovery disputes, motions practice, and potential appeals. Some high-profile music copyright cases have lasted nearly a decade.
Final Analysis on Music Copyright Disputes
The Taylor Swift copyright infringement lawsuit shows the delicate balance between protecting creative works and allowing artistic inspiration. As copyright litigation in the music industry becomes increasingly common, artists, songwriters, and producers must understand both their rights and their vulnerabilities.
Copyright lawsuits against major recording artists have become increasingly frequent, reflecting the heightened scrutiny over creative ownership and intellectual property in the music industry.
Whether Marasco’s claims will ultimately succeed depends on her ability to prove the three essential elements: valid copyright ownership, Swift’s access to her work, and substantial similarity between the protected poetry and Swift’s songs. The outcome could influence how courts evaluate copyright claims involving cross-genre allegations and help define the boundaries of permissible inspiration in songwriting.
Legal Disclaimer: This article is provided for educational and informational purposes only and does not constitute legal advice. The information presented should not be relied upon as a substitute for consultation with qualified legal professionals. Copyright law is complex and case-specific. If you have questions about copyright protection, infringement claims, or music industry legal matters, please consult with a licensed entertainment attorney or intellectual property lawyer familiar with your jurisdiction and specific circumstances.
For authoritative information on copyright registration and protection, visit the U.S. Copyright Office at copyright.gov or the U.S. Courts official website at uscourts.gov.
Last Updated: October 23, 2025
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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