Taylor Swift Facing Copyright Lawsuit from Florida Poet
On April 11th, 2025, Yahoo reported that a poet from Florida has filed a copyright infringement lawsuit against pop star Taylor Swift. Florida-based poet Kimberly Marasco is seeking tens of millions of dollars in copyright infringement damages from Taylor Swift based on allegations that the singer used elements of her work without authorization. Here, our South Florida copyright lawyer provides an overview of the lawsuit and the legal standard for copyright infringement.
Allegations: Elements of Copyright Protected Work Used Without Authorization
Yahoo has confirmed that a poet from Florida named Kimberly Marsco has filed a copyright infringement lawsuit against best-seller pop star Taylor Swift. The intellectual property (IP) infringement claim argues that Ms. Swift incorporated elements from Ms. Marasco’s poetry into her songs and performances without permission. The lawsuit cites several specific songs, including:
- “The Man”
- “My Tears Ricochet”
- “Midnight Rain”
- “I Can Do It With a Broken Heart”
- “Who’s Afraid of Little Old Me?
The complaint contends that these songs contain metaphors and themes similar to several of Ms. Marasco’s copyright-protected poems, including one called “Ordinary Citizen” and one called “Scorpion.” The plaintiff is seeking approximately $30 million in copyright infringement damages.
Plaintiff is Struggling to Serve Taylor Swift With a Copyright Infringement Complaint
A somewhat unique issue that has arisen in this copyright infringement case is that Ms. Marasco has apparently encountered some significant challenges in serving Taylor Swift with the copyright complaint. She attributes these difficulties to Swift’s private lifestyle, extensive security measures, and multiple residences held under limited liability companies (LLCs) and trusts. Despite successfully serving other defendants named in the lawsuit—including songwriter Jack Antonoff—Taylor Swift has still reportedly not been served with the copyright lawsuit.
What the Plaintiff Must Show to Prove Copyright Infringement
What is copyright infringement? It is an IP law violation. Broadly explained, copyright infringement happens when one party uses another party’s original, copyright-protected work without permission. A copyright holder has a number of different rights, including the exclusive ability to reproduce, distribute, publicly perform, display, or create derivative works from the original. To establish copyright infringement in this case, a plaintiff, such as Ms. Marasco, must prove that:
- She owns a valid copyright for the works in question;
- The defendants (Taylor Swift and others) had access to these works; and
- There is a substantial similarity between her copyright protected work and Taylor Swift’s songs.
While Ms. Marasco has registered her poetry, proving that Swift had access to her work could prove to be challenging. One notable issue is that there is a relatively widespread availability of similar themes and metaphors in literature and music.
Contact Our Florida Copyright Lawyer Today
At Perkins Law — Brand Protection, our Florida copyright lawyer has the knowledge, skills, and experience that you can rely on when it matters the most. If you have any questions about a copyright infringement claim, we are here to help. Contact us now for a fully private case review. We represent businesses and individual artists in copyright cases throughout Florida.
Source:
yahoo.com/entertainment/articles/poet-sues-taylor-swift-over-110109525.html#:~:text=Florida%2Dbased%20poet%20Kimberly%20Marasco,around%20%2430%20million%20in%20damages.&text=In%20her%20previous%20attempt%20earlier,Records%2C%20and%20Universal%20Music%20Group.
