A couple of songwriters accused Taylor Swift of copyright infringement over the lyrics from this song. Sean Hall and Nathan Butler, who have previously worked with big names such as Justin Bieber, Pink and Maroon 5, said "Shake It Off" rips off their song "
Playas Gon' Play," which was recorded by the popular American girl group 3LW and reached #81 on the Billboard Hot 100 in 2001.
The lyrics to "Playas Gon' Play" include:
Playas, they gonna play.
And haters, they gonna hate
Ballers, they gonna ball
Shot callers, they gonna callThe lyrics of "Shake it Off" include:
Cause the players gonna play, play, play, play, play
And the haters gonna hate, hate, hate, hate, hate
Baby, I'm just gonna shake, shake, shake, shake, shake I shake it off, I shake it offTaylor Swift's legal team moved to dismiss the copyright lawsuit, arguing in a motion dated January 3, 2018 that the phrase should be in the public domain. "There can be no copyright protection in 'playas, they gonna play and haters, they gonna hate,' because it would impermissibly monopolize the idea that players will play and haters will hate," they wrote.
Taylor Swift shook off the lawsuit six weeks later. On February 13, 2018, US District Judge Michael Fitzgerald ruled that the phrase was too commonplace at the time to be a copy-protected original creative part of the song.
"The lynchpin of this entire case is thus whether or not the lyrics 'Playas, they gonna play. And haters, they gonna hate' are eligible for protection under the Copyright Act," he wrote in his ruling. "By 2001, American popular culture was heavily steeped in the concepts of players, haters, and player haters to render the phrases 'playas... gonna play' or 'haters... gonna hate', standing on their own, no more creative than 'runners gonna run', 'drummers gonna drum', or 'swimmers gonna swim.' The concept of actors acting in accordance with their essential nature is not at all creative; it is banal."
A federal appeals court breathed new life into Hall and Butler's lawsuit when on October 28, 2019 they overruled Fitzgerald's decision. They sent the case back to the US district court for consideration on the grounds that the district court was the final authority on "the worth of an expressive work."
Judge Michael Fitzgerald ruled in September 2020 that the court case can proceed. He stated that Hall and Butler "have sufficiently alleged a protectable selection and arrangement or a sequence of creative expression" and that the relevant parts of "Shake It Off" that the pair have identified are sufficiently similar to "Playas Gon' Play" to avoid dismissing the motion.
Taylor Swift filed a sworn declaration on August 8, 2022, where she maintained she'd never heard of "Playas Gon' Play" or 3LW prior to the lawsuit. She added: "In writing the lyrics, I drew partly on experiences in my life and, in particular, unrelenting public scrutiny of my personal life, 'clickbait' reporting, public manipulation, and other forms of negative personal criticism which I learned I just needed to shake off and focus on my music."
Judge Michael Fitzgerald dismissed the case with prejudice on December 12, 2022, after Hall and Butler unexpectedly scrapped the suit. The pair didn't give any reason for their change of heart, but it's likely they did a behind-the-scenes deal with Swift's lawyers.