A California judge rejected Taylor Swift’s request to dismiss the case and determined that only a jury would be able to establish whether her 2014 hit is a copy of the song “Beaches gon ‘play” (2001), by the dissolved girl group 3LW. .

Although the rhythms of both songs are different, their lyrics coincide with variations of the phrases “players gonna play” and “haters gonna hate.”

Previously, California Central District Judge Michael W. Fitzgerald had dismissed the case on the grounds that the lyrics were too “banal” to be copyrighted.

In his original judgment, Fitzgerald cited 13 earlier songs that contained similar phrases, including “Hater Beach” by The Notorious BIG and “Dreams” by Fleetwood Mac.

At the time, the judge indicated that “in the early 2000s, popular culture was so steeped in the concepts of gamblers and haters” that phrases like “‘those who play … are going to play’ or ‘those who hate … they are going to hate ‘they are not especially different from others like’ runners are going to run ‘; or ‘swimmers go swimming.’

‘The concept of actors acting in accordance with their essential nature is not creative at all; it is banal, “he wrote, summarizing that” the lyrics in question are too short, unoriginal and uncreative to justify protection under the Copyright Act. “

Swift asked for a summary judgment – giving an immediate ruling in his favor – but Fitzgerald declined to do so on Thursday.

“Although there are some notable differences between the works, there are also significant similarities in word usage and sequence / structure,” he explained.

The magistrate added that “the court is currently unable to determine whether any jury is able to reasonably find a substantial similarity in lyrical phrasing, word arrangement or poetic structure between the two works.”

According to the judge, experts hired by Swift presented “persuasive arguments”, which were not enough to prevent the case from going to trial.