A U.S. District Judge rules that GaGa's 'Judas' and Rebecca Francescatti's 'Juda' do not 'share enough unique features to give rise to a breach of the duty not to copy another's work.'
Back in 2011, a Chicago musician named Rebecca Francescatti filed a lawsuit against Lady GaGa, claiming that the star's song called "Judas" featured illegal samples of her 1999 song titled "Juda". Now, a judge has dismissed the lawsuit, saying that "the two songs are not substantially similar."
"No reasonable trier of fact could find that Defendants copied protected expression in Francescatti's song," U.S. District Judge Marvin E. Aspen stated in his conclusion. "The songs do not 'share enough unique features to give rise to a breach of the duty not to copy another's work.' .... Accordingly, we grant Defendant's motion for summary judgment."
Aspen explained that the songs' similar titles and four similar 16th notes "are not sufficient to give rise to a finding that the GaGa Song has captured the total concept and feel of the Francescatti Song."
Additionally, Aspen said, "We find that Francescatti has neither established that the elements are protectable nor has she established a unique combination of these unprotectable elements. No reasonable trier of fact could find that the songs' expressions are substantially similar."