By Katherine Tinsley
10:38am PST, Jan 28, 2025
After seeing one of the pop star's concerts, Florida artist Kimberly Marasco is taking legal action against Taylor Swift and Taylor Swift Productions, Inc.
According to Marasco, she was the victim of copyright infringement, but she didn't realize the mishap until watching Swift perform.
Judge Aileen Cannon dismissed Swift from the case because the plaintiff failed to file in a "timely manner," but she is still allowed to sue her production company.
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According to Marasco, she was the victim of copyright infringement, but she didn't realize the mishap until watching Swift perform.
Judge Aileen Cannon dismissed Swift from the case because the plaintiff failed to file in a "timely manner," but she is still allowed to sue her production company.
MORE: Follow Wonderwall on MSN for more fun celebrity & entertainment photo galleries and content
The Florida woman claimed Swift used her "creative elements" in popular songs and music videos, leading her to request $7 million in damages.
Swift's legal team filed a motion to dismiss the case, as the allegations are "time-barred" by law. Swift's counsel noted that Marasco included Lover, Folklore and Evermore in her lawsuit. However, the albums were all released before 2021, so the statutes of limitations has expired.
Swift's legal team filed a motion to dismiss the case, as the allegations are "time-barred" by law. Swift's counsel noted that Marasco included Lover, Folklore and Evermore in her lawsuit. However, the albums were all released before 2021, so the statutes of limitations has expired.
Marasco argued she didn't notice the mishap because she "only listened to alternative rock."
"Just because Taylor Swift is a very [well-known] singer, doesn't mean that the Plaintiff was aware of the specific lyrics she sang as soon as she produced her albums," Marasco wrote in her lawsuit.
While Swift was performing around the globe, Marasco was researching her discography to find similarities between their work.
"That is when she discovered the infringement and went back to her earlier albums to check other songs since there were so many found," the response states.
Swift's attorneys Aaron S. Blynn and Katherine Wright Morrone said Marasco should have been aware of the plagiarism because "each album release was covered by news and media outlets, are widely available on streaming platforms, and 'have been exceedingly popular both domestically and abroad.'"
"That is when she discovered the infringement and went back to her earlier albums to check other songs since there were so many found," the response states.
Swift's attorneys Aaron S. Blynn and Katherine Wright Morrone said Marasco should have been aware of the plagiarism because "each album release was covered by news and media outlets, are widely available on streaming platforms, and 'have been exceedingly popular both domestically and abroad.'"
Still, Blynn and Morrone continued to defend their client's work.
"In sum, Plaintiff's claims remain entirely unfounded, and her 'final opportunity' to state a claim fails. At this juncture, dismissal with prejudice is required," Blynn and Morrone stated.
"The Plaintiff may not be a well-known national author, but she created works that were unique, not borrowed from anywhere else, and went to lengths to ensure they would be protected in hopes she would be afforded the same protection as everyone else, no matter how known or unknown they are," Marasco's legal counsel said in their response.
"In sum, Plaintiff's claims remain entirely unfounded, and her 'final opportunity' to state a claim fails. At this juncture, dismissal with prejudice is required," Blynn and Morrone stated.
"The Plaintiff may not be a well-known national author, but she created works that were unique, not borrowed from anywhere else, and went to lengths to ensure they would be protected in hopes she would be afforded the same protection as everyone else, no matter how known or unknown they are," Marasco's legal counsel said in their response.