On September 30, 2019, Yesh Music, LLC ("Yesh") continued its string of copyright infringement cases, this time against the Regents of the University of Minnesota (the "University"). The facts of this suit are similar to the facts of other suits Yesh has brought in recent months (you can find posts about these cases here, here, here, here, here, and here).
In its complaint, Yesh claims to be the sole owner of a musical work entitled “DEA.” Yesh alleges that the University synchronized the musical work to an advertisement posted on its YouTube page. According to Yesh, the University did not include copyright management information in the video that would allow Yesh, or anyone else, to identify the musical work in the video; Yesh claims this omission is a violation of the Digital Millennium Copyright Act ("DMCA"). Yesh was only able to find the allegedly infringing use after much due diligence, “and a lot of luck.”
Yesh alleges that it is entitled to damages, including loss of profits. Yesh further asserts it may also elect to recover statutory damages for willful infringement or reckless disregard for up to $150,000 per infringement. Yesh also seeks statutory damages for the University’s alleged violation of the DMCA in the sum of $25,000.