Florida Artist Kimberly Marasco Files Copyright Infringement Lawsuit Against Taylor Swift: Seeking Disgorgement of Profits
Florida artist Kimberly Marasco has filed a lawsuit against singer Taylor Swift and her co-defendants, alleging copyright infringement in songs from various albums. Marasco is seeking disgorgement of profits from the allegedly infringing songs. Disgorgement is a remedy that aims to take back the benefits gained from copyright violations. Marasco accuses Swift and others of copying her poetry in lyrics and visuals from albums like Lover and Folklore. Disgorgement is more common in copyright infringement cases, according to legal experts.
Marasco previously filed a lawsuit against Swift, which was dismissed due to failure to serve the lawsuit within the court's timeframe. The case against Taylor Swift Productions was dismissed with prejudice by U.S. District Judge Aileen Cannon. Marasco voluntarily dismissed songwriter Jack Antonoff from the case. Swift's attorneys have denied the allegations in both lawsuits, calling them frivolous. Legal experts suggest that Marasco may not have a strong case, given her self-representation.
In her amended complaint, Marasco claims that the similarities between her works and the defendants' songs are evidence of unlawful copying. She is seeking damages, disgorgement of profits, injunctive relief, costs, attorneys' fees, interest, and any other relief deemed appropriate by the court. Marasco has requested a trial by jury for all triable issues. If you have a story for Newsweek or questions about this article, you can contact [email protected].