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Copyright Blog

The Evermore Case is Nevermore

After Swift's management team countersued, all parties have dropped their suits

As promised, there is an update in the Evermore case. The first report on this case can be found here.

On February 22, 2021, TAS Rights Management LLC ("TAS") filed suit against Evermore Park LLC (the "Park") for alleged copyright infringement.

TAS' complaint states that TAS was informed that the Park had "routinely used" Swift's songs, Bad Blood, Love Story, and You Belong With Me," (jointly the "Works") without authorization or license agreement" in the Park. According to TAS, Broadcast Music Inc. ("BMI"), a performing rights organization, repeatedly contacted the Park, on behalf of TMS, to notify the Park of the, "unlawful nature of their continued use of the [Works] in public performances." TAS further alleged that the Park has also played music by Billy Joel, Abba, Whitney Houston, and other big names in music, all of which have the right to royalties and protected music. According to TAS, "after this lawsuit became imminent," the Park contacted BMI to secure licensing for the Works.

Through its complaint, TAS is seeking, among other things, an injunction and enhanced statutory damages for what it deems "willful infringement."

On March 24, 2021, the Park voluntarily dismissed its case against Swift. The court filed its judgment today, March 25, 2021, ruling that the case is dismissed with prejudice. According to various sources, TAS has also dropped its suit against the Park without a monetary settlement.