are too brief, unoriginal, and uncreative to warrant protection under the Copyright Act.' 'The concept of actors acting in accordance with their essential nature is not at all creative it is banal,' he wrote. He listed 13 songs from past decades, including Fleetwood Mac's Dreams and The Notorious B.I.G.'s Playa Hater, that included similar lines to back up his contention. He previously had determined that the similar lines were too 'banal' to count as copyright infringement. The lines 'players gonna play' and 'haters gonna hate' are featured in similar versions of each song. Fitzgerald allowed the case to go to trial after determining that a jury could find that she had plagiarized the lines. The case was previously dismissed by the judge, but the successful appeal means the songwriters will get to make their case in court.
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