Plagiarism Lawsuit Over Lady Gaga's 'Judas' Dismissed
Posted by Joseph Lee on 06.17.2014
"The two songs are not substantially similar"...
Billboard reports that US District Judge Marvin E. Aspen has dismissed a plagiarism lawsuit against Lady Gaga. The suit claimed that her song "Judas" was a rip-off of Chicago musician Rebecca Francescatti's 1999 track "Juda." Francescatti filed the claim in 2011.
Aspen said: "We conclude as a matter of law that the two songs are not substantially similar. No reasonable trier of fact could find that Defendants copied protected expression in Francescatti's song. The songs do not 'share enough unique features to give rise to a breach of the duty not to copy another's work.' .... Accordingly, we grant Defendant's motion for summary judgment."
Francescatti failed to eplain how the songs were similar, including between "qualitatively important elements" nor "a unique combination of elements." The similar titles and four similar 16th notes "are not sufficient to give rise to a finding that the Gaga Song has captured the total concept and feel of the Francescatti Song."
Aspen said that the elements presented were not protectable on their own and she hadn't presented any unique or protectable combination of the elements.
He concluded: "We find that Francescatti has neither established that the elements are protectable nor has she established a unique combination of these unprotectable elements. No reasonable trier of fact could find that the songs' expressions are substantially similar."