A Wasatch Academy Student Film Allegedly Infringes Copyright in a Musical Work
In an amended complaint filed last week in the Eastern District of New York, Charming Beats LLC, alleges that: 1) a film called Juice: Film Intensive Project by Michelle Anderer (the "Video") made by a student at Wasatch Academy in Mount Pleasant, Utah, infringed Charming Beats's exclusive rights in a piece of music used in the Video; and 2) Wasatch Academy violated the Digital Millennium Copyright Act ("DMCA").
Charming Beats claims to control the copyright in the registered musical work Lights Dim (U.S. Copyright Registration No. SR 713-284) (the "Song"). The company asserts that Wasatch Academy reproduced, synchronized, distributed, and publicly performed the Song in the Video. Charming Beats alleges that Wasatch Academy posted and maintained the Video on YouTube and Vimeo despite notifications from YouTube, Charming Beats's attorney, and Charming Beats that the Video infringed Charming Beats's copyright and needed to be removed.
Although the Video was originally posted in 2010, Charming Beats claims to have been unable to locate the Video until this year notwithstanding a practice of making dozens of YouTube searches each year to identify instances of potential copyright infringement of works Charming Beats owns. According to the complaint, Charming Beats discovered the Video posted by Wasatch Academy only after contracting a third party to assist the company in identifying infringing works.
Charming Beats also accused Wasatch Academy of materially contributing to the direct infringement of the International Video Institute of New York (the "IVINY") by submitting the Video to the organization without a license or permission to use the Song.
Additionally, Charming Beats states it, "does not, under any circumstances, license its track to any entity with a religious affiliation because it devalues the broad-based appeal of the track." Wasatch Academy is administered by the Presbyterian Church, and Charming Beats states that due to this religious affiliation, "[h]ad [Wasatch Academy] sought a license, it would have been rejected."
Finally, Charming Beats asserts that Wasatch Academy violated the DMCA by failing to "include any identifying information in the . . . Video which would have allowed [Charming Beats] to identify defendant's use of the [Song]."
Charming Beats is seeking compensatory and statutory damages under alleged violations of the Copyright Act and the DMCA.
This litigation follows another ongoing suit filed by an aerial photographer against Wasatch Academy, which we reported on in September. Wasatch Academy has yet to file an answer in either case. We will keep you posted on updates as they unfold.