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When individuals hear a celebrity is being sued over song lyrics, it can sound like tabloid fodder – something not to be taken very seriously. And it is true that Kimberly Marasco's 2024 complaint alleging that Swift and her collaborators used elements of her poetry in several hit songs was dismissed on September 29, 2025, after Marasco failed to state a plausible claim for copyright infringement. However, she filed a separate case in February 2025, and on October 14 filed a second amended complaint in that case asking for disgorgement. As of now, that second case is still set to move forward. (She is persistent!)
Regardless of whether that actually happens, this suit against Taylor Swift is useful to look at because it highlights several important lessons about how copyright works – and why protecting creative expression matters to everyone, not just pop stars.
The Elements of the Dispute
Marasco's complaint alleges that Swift used her poetry in numerous songs without permission, including those on Lover, Folklore, Midnights, and The Tortured Poets Department. Because of this, she is seeking an extraordinary remedy: the return of all profits earned from the allegedly infringing songs.
In legal terms, that request is called disgorgement of profits.
At the heart of this case is a fundamental question: when does inspiration cross the line into infringement? Copyright law protects expression, not ideas or themes. That means artists are free to explore the same concepts (love, heartbreak, self-discovery) but cannot copy another creator's specific wording, structure, or unique presentation.
For Marasco to succeed, she must show that:
- Swift had access to her work,
- the two works share substantial similarities in protectable expression,
- and the overlap is not coincidental.
These are demanding standards, which is why copyright cases are often complex and highly fact-driven.
Why The Swift Case Could Be Such a Big Deal
There are numerous reasons:
Huge profits are on the line. Remember, Marasco is asking for disgorgement, i.e. all the money Swift earned from songs that allegedly use Marasco's work. Since Swift is one of the richest women in the world due to her music, that is a lot of potential money.
General Business Takeaway
If your company uses third-party content without proper rights (whether an image, jingle, or written material) you could be required to give back any profits connected to that use, not just pay a small settlement.
Registration and documentation strengthen your position. Taylor Swift's team will rely on meticulous copyright registrations and records showing her creative process to defend her originality. These documents will be crucial in demonstrating that her lyrics were independently written.
General Business Takeaway
Keep dated records of your creative work, drafts, and agreements. For marketing materials, brand assets, or product designs, documentation and timely registration help prove ownership and protect your ability to enforce or defend your rights.
Creative inspiration requires caution. Swift's music often draws on universal emotions (love, heartbreak, growth), which are not protectable ideas. The case will likely turn on whether her expression of those themes is unique or improperly copied.
General Business Takeaway
Drawing inspiration is fine, but direct copying (even accidental) can cause legal problems. When creating content for ads, branding, or products, always ensure your team develops original work or secures proper licenses.
Representation matters. While Swift has an experienced legal team, Marasco is representing herself. Copyright law involves complex evidentiary rules and expert analysis, which makes professional representation essential.
General Business Takeaway
If your business faces an IP dispute, do not go it alone. Having experienced counsel can mean the difference between a swift resolution and a costly, drawn-out battle.
While the lawsuit against Taylor Swift may ultimately prove unfounded, it serves as a reminder of the stakes involved when creative works generate revenue. In the eyes of the law, profits tied to infringement do not belong to the infringer, but to the rightful creator.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
