X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDERI. INTRODUCTION  On September 25, 2017, Plaintiff Bennett McLoughlin commenced this action in the Northern District of New York against Defendant Erin Powers seeking monetary damages and injunctive relief under the Copyright Act and state law. See Dkt. No. 1-1. Presently before the Court is Defendant’s motion to dismiss for failure to state a claim. See Dkt. No. 15-1. For the following reasons, the motion is denied. II. BACKGROUNDBeginning in 2006, Plaintiff and Defendant recorded and performed music together. See Dkt. No. 1 at16. Plaintiff was the sole author of certain songs, and he co-authored other songs with Defendant. See id. In total, Plaintiff and Defendant composed approximately thirty songs together, which are divided into three different collections: “Pretty Green Eyes,” “Hopes and Dreams,” and “Seasons of Love.” See id. at19. On January 3, 2012, Plaintiff and Defendant registered those collections of songs with the United States Copyright Office. See id. at23. The copyright shows that Plaintiff is the sole owner of the copyrights for some songs, and the majority co-owner of the copyrights for the other songs. See id. at24; Dkt. No. 1-2.In 2014, Plaintiff helped Defendant register their musical compositions with Broadcast Music Inc. (“BMI”), a “performing rights organization.” See Dkt. No. 1 at27. In July 2014, Defendant changed the login information for her BMI account so Plaintiff was no longer able to receive any information concerning the registrations, and Defendant changed the ownership percentages to increase her royalties. See id. at32. When Plaintiff tried to submit compositions from their three collections to a separate “performing rights organization,” his registrations were rejected because they conflicted with Defendant’s BMI registrations. See id. at34. Throughout October 2015, Plaintiff attempted to contact Defendant regarding the registrations. See id. at35. Later that month, Plaintiff was contacted by a Deputy Albany Sheriff, who informed Plaintiff that Defendant filed a harassment complaint against him. See id. at36.Defendant has been profiting from Plaintiff’s compositions without sharing the profits with Plaintiff. See id. at39. Specifically, Defendant has used compositions authored or coauthored by Plaintiff to sell albums, distribute songs to streaming services, and engage in public performances. See id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›