A copyright infringement case against Taylor Swift could continue after the plaintiff said she served the singer with the lawsuit on Monday.
Kimberly Marasco, a Florida artist, is asking for more than $7 million in damages, alleging that Swift’s songs and music videos have “creative elements” that copy her work without authorization or credit. The lawsuit cites several songs and videos from Swift’s albums Lover, Folklore, Midnights and The Tortured Poets Department.
Swift’s attorneys recently asked the judge presiding over the case, Judge Aileen Cannon, to dismiss the claims against the singer because Marasco had failed to serve the lawsuit in the eight months since it was filed.
Marasco filed an acknowledgment of service on Monday after she issued a summons in the care of Florida’s secretary of state.
Newsweek reached out to Swift’s publicist via email for comment.
Photo By Sthanlee B. Mirador/Sipa USA via AP Images and U.S. Senate via AP
The news comes just days after Cannon gave Marasco one last chance to serve Swift.
“Plaintiff is afforded one final opportunity to properly effectuate service of process on Defendant Taylor Swift and file proof thereof on the docket,” Cannon said in a paperless order on Friday.
The order gave Marasco until December 20 to serve the lawsuit and file proof. Cannon said she would dismiss the claims against Swift if the deadline were not met.
Marasco is representing herself in the case. Neama Rahmani, a former federal prosecutor and the president of West Coast Trial Lawyers, explained that it is not unusual for individuals representing themselves to experience difficulties with service.
“It’s sometimes hard for plaintiffs who are unrepresented to comply with procedural formalities,” Rahmani told Newsweek. “They don’t have access to process servers and investigators like lawyers do.”
He said that when an individual attempts to serve an entity, such as a corporation, the service is sometimes done through the secretary of state.
“Entities, corporations, they’re not living beings,” Rahmani said. “You have to serve an individual, and that individual is identified through the secretary of state. But that’s still not going to suffice to serve Taylor Swift personally.”
Rahmani said Swift needs to be served personally or using another legally permissible method. He said the lawsuit could be dismissed on December 20 if the court does not accept the acknowledgment of service.
“I think it’s likely that Cannon is going to dismiss the lawsuit on that day if service isn’t effective,” Rahmani said.
If the lawsuit is dismissed, it will likely be without prejudice, he said. This means that Marasco could refile the lawsuit in the future.
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