Yesh Music Files Another Claim against Another University
In late May, Yesh Music, LLC (Yesh) filed suit against St. George University (the University) for copyright infringement. In its complaint, Yesh alleges St. George University violated both the Copyright Act and the Digital Millennium Copyright Act (DMCA). This case is similar to another case we reported on in May in which Yesh brought suit against Amity University.
As in the case against Amity, Yesh alleges that the University copied a song owned by Yesh and synched it in an advertisement video which was then posted on YouTube. Yesh asserts that the University had no license or authority to use the song. Upon learning of the University’s advertisement, Yesh demanded removal of the video. Yesh claims the University ignored the demand.
Yesh represents that it has a valid, registered copyright and owns all rights to the song in question. Yesh alleges that the University posting the video on YouTube constitutes public display and/or public distribution of the song. Yesh claims economic loss and is seeking statutory damages under the Copyright Act.
Yesh is also seeking damages under the DMCA. Yesh cites 17 U.S.C. Section 1202(b) which provides that no person shall “intentionally remove or alter any copyright management information [or] distribute … works [or] copies of works … knowing that copyright management information has been removed or altered. …” Yesh asserts that because the University did not include any copyright information with the video on YouTube, the University violated the DMCA.
Unlike the Amity case which is ongoing, this case was voluntarily dismissed without prejudice on July 24, 2019.