It's All About You (EP)

In August 2011, Rebecca F., born Rebecca Francescatti, filed a lawsuit in Illinois Northern District Court's Chicago Office known as Francescatti v. Germanotta et al. The complaint alleges: "Lady Gaga, her music labels, and one of the musicians who allegedly wrote 17 of Gaga's songs for her 'Born This Way' album are sued for copyright infringement, accused by Chicago composer and performing artist Rebecca Francescatti of using her 1999 copyright-protected work "Juda" in Gaga's Judas, purportedly via defendant Gaynor."[6]

Brian Joseph Gaynor, a member of DJ White Shadow, LLC, "collaborated with Lady Gaga in writing and producing 17 of 20 songs recorded"[7] on "Born This Way." Gaynor was the recording engineer and mixer for Rebecca F.'s album "It's All About You," which included the song "Juda.[4]"

Francescatti's law team entered evidence in December 2012 that Gaga used an additional unlicensed sample in "Judas" and then incorporated it into "Invading My Mind". They claimed that Lady Gaga asked Jennifer Lopez for a credit on "Invading My Mind" to "cover her tracks", suggesting that she did not even contribute to the song.

Francescatti's team claimed to "uncover text messages between Gaga and RedOne proving that she had stolen the sample loop used in both 'Judas' and 'Invading My Mind'".[8]

In June 2014, Federal Judge Marvin Aspen (b. 1934) dismissed the lawsuit without trial through an award of Summary Judgment for lacking "ordinary observer" qualities:

The differences [between the two songs] so outweigh the purported similarities between the melodies that they cannot be said to be even remotely similar ... We agree with Defendants that the songs do not have common lyrics, the themes are different, and they do not sound at all alike musically ... Thus, we find the similarity of expression to be, quite clearly, ‘totally lacking.’ The (two songs) are so utterly dissimilar that reasonable minds could not differ as to a lack of substantial similarity between them.[9]

Judge Aspen ruled for the Plaintiff (Francescatti) that a reasonable juror could find that Germanotta had access to Francescatti's work. The judge described this "channel of communication" between the parties as a "nexus". He concludes that bassist Brian Gaynor worked on Francescatti's song before collaborating with Lady Gaga:

Although the parties dispute that Gaynor ever came into direct contact with Gaga, it is undisputed that Gaynor worked on the Francescatti Song ["Juda"] before he collaborated with Blair on material for Gaga's Born This Way album and that Gaynor and Blair received credit for contributions to the same album.[10]

Therefore Judge Aspen denied Germanotta et al.'s argument that there was no access between the parties.[11]

Judge Aspen concluded that certain elements of the Plaintiff's song that were alleged and argued to be points of infringement actually constituted evidence that Lady Gaga independently created Judas. Judge Aspen wrote:

Even if the expressions were similar, they are not protectable. First, the title of the Francescatti Song is not protectable. ...The word "Juda" is found in 243 song titles, and the word "Judas" is found in 2,139 song titles ... Moreover, the evidence suggests independent creation. ... The title "Juda" reflects Francescatti's relationship with an acquaintance and the betrayal of her father whereas "Judas" was inspired by Gaga's feelings toward a former boyfriend... Second, repetition of the songs' respective titles in the lyrics is unprotectable. ... ("Repetition is ubiquitous in popular music.") ... Many musicians have repeated a title lyric, and in particular "Juda" and "Judas," in songs that predate the two songs at issue here. ... In fact, Gaga herself on prior occasions has repeated her titles in her lyrics [e.g. in Alejandro, Poker Face and Bad Romance ]. ... Where an allegedly copied element of a work appears in the defendant's prior works, the presumption is that the defendant copied that element from herself, not the plaintiff.... Repetition of the titles in the songs' lyrics is therefore an unoriginal, unprotectable element."[10]

One of the attorneys for Lady Gaga made the following statement:

Lady Gaga and her team are pleased that the court concluded, after a thorough analysis, that the lawsuit lacked any basis in law or fact."[12]

In a statement following Judge Aspen's ruling, Francescatti said her plight had been a "David versus Goliath struggle".[13]

Though I’m disappointed, I’m proud that I stood up for federally protected rights as a songwriter. Unfortunately this particular judge did not agree with my position. ... Throughout history, it’s been very difficult for individuals to go up against corporations and corporate interests. However I remain firm in my belief that I was correct to exercise my right to copyright protection afforded me in this fine country.[13]

Rolling Stone music writer Daniel Kreps observed:

Whenever music copycat cases like this land in the courtroom, it's extremely rare for the judge to side with the plagiarized party.[14]