A recent ICLG article examined the latest developments in the copyright dispute between singer-songwriter Taylor Swift and poet Kimberly Marasco, following the claimant's decision to appeal a ruling dismissing her infringement claims.
The case has attracted considerable attention as it explores the boundaries of copyright protection and the distinction between protected expression and unprotectable ideas, themes and concepts. Commenting on the decision, Graeme Murray discusses the legal principles underpinning the court's reasoning and the challenges claimants face when seeking to establish copyright infringement based on similarities in themes, metaphors or commonly used language.
His comments provide insight into the high threshold required to demonstrate copying of protectable elements of a creative work, and the wider implications of the decision for copyright owners, creators and rights holders.
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