‘Haters Gon’ Hate’ Rule 12(b)(6): The Potential for Bad Blood Between pro se Plaintiffs and the Well Pleaded Complaint in Copyright Infringement Lawsuits
On November 10, 2015, Federal Magistrate Judge Gail Standish from the Central District of California dismissed a copyright infringement suit made by Jesse Braham against music powerhouse Taylor Swift. Braham claimed that the lyric in Swift’s song “Shake It Off,” “The haters gon’, hate, hate, hate, hate, hate,” was based off his 2013 song “Haters Gone Hate.” Citing the Plaintiff’s pro se complaint, Judge Standish wrote, “Braham alleges that ‘92% of the lyrics’ of ‘Shake It Off’ come from his song, that his ‘song phrase string is used over 70+ times,’ and that Taylor Swift would not have written ‘Shake It Off’ had he not written ‘Haters gone hate [sic].’” Braham sought $42 million in monetary damages as well as the inclusion of his name in future record sales.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 9, 2016. The original post can be accessed via the Archived Link button above.
Castrelos, Samantha, "‘Haters Gon’ Hate’ Rule 12(b)(6): The Potential for Bad Blood Between pro se Plaintiffs and the Well Pleaded Complaint in Copyright Infringement Lawsuits" (2016). AELJ Blog. 89.