IP Law Daily, COPYRIGHT NEWS: A shot across the bow of a prominent sailing magazine, (Jul 26, 2024)

By Matthew Hersh, J.D.

A leading music publishing library claims that the magazine used 10 of its works in YouTube videos.

A magazine devoted to “the sailing way of life” purloined ten songs from a well-known production music library and set them to videos on YouTube, a new federal complaint alleges. The complaint, filed in the federal court for Brooklyn, alleges that the magazine and its corporate owners used the songs a total of 88 times and “have refused to remedy their wrongdoing,” leaving the production music entity “no alternative but to bring this action” (Freeplay Music, LLC v. Active Interest Media Holdco, Inc., No. 1:24-cv-05072-NRM-JAM (E.D.N.Y. filed July 22, 2024)).

The complaint was brought by Freeplay Music, a production music company that claims to offer over 50,000 songs for use on YouTube and other platforms. Freeplay was launched in 2001 by Scott Schreer, one of the country’s most prolific and performed TV producers and the author of, among others, the all-but-ubiquitous NFL on Fox Theme. The company asserts that it had over 300 million impressions to its website as of 2013 and that it has since offered over 3.5 million licenses to the copyrighted music in its library.

The target of the complaint is SAIL magazine, a publication that describes itself as “the magazine of record on the sailing way of life.” The sparsely drawn complaint alleges that the magazine purloined ten musical themes with titles such as “Get Down,” “Rough Rouge,” “Cool Shades,” “Spice Factor,” and the like. The complaint alleges that the magazine exploited each song in at least one YouTube video. One of the songs, “Soul Guitar,” was allegedly exploited on the YouTube at least 65 times and on Facebook at least eight times. (The pleading does not identify the specific videos at issue).

The complaint brings direct copyright infringement claim against SAIL magazine (although the magazine itself does not appear, from the pleadings, to be its own corporate entity). The complaint also charges the magazine’s ostensible owners, Active Interest Media Holdco and Active Interest Media, with vicarious copyright infringement. The complaint demands injunctive relief, damages, and attorney fees.

The Case is No. 1:24-cv-05072-NRM-JAM.

Judge: Morrison, N.

Attorneys: Seth Lawrence Berman (Abrams Fensterman LLP) for Freeplay Music, LLC.

Companies: Freeplay Music, LLC; Active Interest Media Holdco, Inc.

News: Copyright NewYorkNews