IP Law Daily, COPYRIGHT—D. Colo.: Not in my House: Legend of the Chicago sound is hit with infringement lawsuit, (Apr 12, 2023)

By Matthew Hersh, J.D.

Sony’s Spanish affiliate alleges that the record label distributed an unauthorized version of a track that Sony controlled.

A Denver-based company that was once a staple of the Chicago House music scene released an unauthorized version of a popular dance music track, an affiliate of Sony Music has alleged in a newly filed lawsuit. The federal complaint, filed by Sony Spain and its US-based sublicensee, alleges that the House music label granted Sony an exclusive license to the track but then violated that license by putting out its own version of the song anyway (Sony Music Entertainment Espana, S.L. v. Moody II LLC, April 10, 2023).

The entity at the center of the lawsuit is Moody Recordings, a one-time staple of the late 1990s House music scene. The particular song at issue, produced by the now-Denver-based Moody, is called Dancin,’ which can be viewed on YouTube here.

According to the lawsuit, the House music label granted an exclusive license in 2014 to Sony Music’s affiliate in Spain. That license granted Sony Spain the exclusive rights to the track almost everywhere in the world (the only exclusions were Belgium, the Netherlands, and Luxembourg). In turned, Sony Spain sublicensed the rights to the track, for the United States and Canada, to the Ultra Records label.

That was not the end of it, however. The exclusive license granted to Sony, the music giant alleged, covered “all available mixes and remixes, B-sides, edits and versions thereof such as, without limitation, audiovisual formats, extended editions, radio edits, other language versions, live versions, remixes, edits or acapella versions as well as the musical parts for remixes or productions separate instruments for future remixes.” But that did not stop Moody, Sony contends, from putting out its remix version of the track anyway. That track, Sony contends, has significantly cut into Sony’s profits. Indeed, the lawsuit contends, of the more than 900,000 times the track has been played on Spotify, over 20% of those streams have been from the allegedly unauthorized version.

The lawsuit, brought by Sony as well as its US-Canada exclusive licensee, alleges direct and contributory copyright infringement as well as breach of contract. It seeks, injunctive relief, actual damages, statutory damages, and attorney fees.

The Case is No. 1:23-cv-00885-SKC.

Attorneys: Sarah M. Matz (Adelman Matz P.C.) for Sony Music Entertainment España, S.L. and Ultra Records, LLC.

Companies: Sony Music Entertainment España, S.L.; Ultra Records, LLC; Moody II LLC t/a Moody Recordings

Cases: Copyright ColoradoNews