A copyright infringement lawsuit against Taylor Swift could move forward after the plaintiff, Florida artist Kimberly Marasco, confirmed that she served Swift with the lawsuit on Monday. Marasco is seeking over $7 million in damages, claiming that several of Swift’s songs and music videos contain “creative elements” that are copied from her work without permission or credit. The lawsuit cites tracks and videos from Swift’s albums Lover, Folklore, Midnights, and The Tortured Poets Department.
Swift’s legal team had previously requested the judge overseeing the case, Judge Aileen Cannon, to dismiss the lawsuit, arguing that Marasco had not properly served Swift within the required eight-month period. However, Marasco filed an acknowledgment of service on Monday after she submitted the summons to Florida’s secretary of state.
This development comes just days after Judge Cannon granted Marasco one final chance to properly serve the lawsuit. In a paperless order issued on Friday, Cannon gave Marasco until December 20 to provide proof of service or risk having the claims dismissed. The order emphasized that failure to meet the deadline would result in dismissal. Marasco is representing herself in the case, which is a challenge many self-represented plaintiffs face when it comes to legal procedures.
Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, explained that plaintiffs without legal representation often struggle to meet procedural requirements, such as serving a lawsuit. “Plaintiffs who represent themselves don’t have access to process servers or investigators, which makes compliance difficult,” Rahmani said.
When serving entities like corporations, the secretary of state is often used, but Rahmani clarified that this method isn’t enough for serving an individual like Swift. He noted that the service must be executed personally or through another legally acceptable method. If the service isn’t deemed effective by December 20, Rahmani believes the lawsuit will likely be dismissed, though it could be dismissed without prejudice. This would allow Marasco to refile the lawsuit at a later date if she chooses.
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