Category Archives: Poems, prose & song

Hall v Swift Dismissal: the uncreativity of [noun] gonna [verb]

Taylor Swift / Wikimedia Commons

Last year, songwriters Sean Hall and Nathan Butler sued Taylor Swift, arguing that in her single “Shake It Off” she stole a phrase from their composition “Playas Gon’ Play.” Their lawsuit hinged on the phrase “playas, they gonna play, and haters, they gonna hate” — the chorus of their song.

In short, they lost. And it seems they were always [gonna] lose. “At the hearing, Plaintiffs’ counsel offered alternative (very clunky) formulations of pairing a noun with its intransitive verb, thereby suggesting that “[noun] gonna [verb]” was creative in itself. While clever, this argument does not persuade. The argument ultimately only makes sense if the use of “gonna” as a contraction of “is going to” is sufficiently creative, or (as discussed above) one can claim creativity in asserting that a type of person acts in accordance with his or her inherent nature. To explicitly state the argument is to see how banal the asserted creativity is. In sum, the lyrics at issue – the only thing that Plaintiffs allege Defendants copied – are too brief, unoriginal, and uncreative to warrant protection under the Copyright Act.” The BBC told the full story.

***

“I have a dream …” — Martin Luther King, Jr.

“I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation. Continue reading

“New Year’s Eve” by Thomas Hardy

Thomas Hardy in 1906, by Jacques-Émile Blanche / Wikimedia Commons

New Year’s Eve

“I have finished another year,” said God,
“In grey, green, white, and brown;
I have strewn the leaf upon the sod,
Sealed up the worm within the clod,
And let the last sun down.”

“And what’s the good of it?” I said.
“What reasons made you call
From formless void this earth we tread,
When nine-and-ninety can be read
Why nought should be at all?

“Yea, Sire; why shaped you us, ‘who in
This tabernacle groan’—
If ever a joy be found herein,
Such joy no man had wished to win
If he had never known!”

Then he: “My labours—logicless—
You may explain; not I:
Sense-sealed I have wrought, without a guess
That I evolved a Consciousness
To ask for reasons why.

“Strange that ephemeral creatures who
By my own ordering are,
Should see the shortness of my view,
Use ethic tests I never knew,
Or made provision for!”

He sank to raptness as of yore,
And opening New Year’s Day
Wove it by rote as theretofore,
And went on working evermore
In his unweeting way.

— Thomas Hardy, 1906