Tresona Multimedia, LLC v. Burbank High School Vocal Music Ass’n, 16-cv-04781 (C.D. Cal.)
Tresona Multimedia (“Tresona”) is a music licensing company which, apart from the publisher, has the exclusive ability to issue licenses for various music. Burbank High School Vocal Music Association (the “Association”) oversees the operation of five show choirs at Burbank High School (“Show Choirs”). The Show Choirs are some of the most prominent in the country, and the court documents indicate that “it is widely understood . . . that the television show ‘Glee’ was based . . .” on the Show Choirs, and that the Show Choirs’ director (and defendant in this case), Brett Carroll, provided input to the show.
Despite being some of the most prominent and lucrative show choirs in the country, and despite spending over $500,000 on costumes, travel, musical arrangements, etc. during the 2014 – 15 school year alone, the Show Choirs and the other defendants failed to obtain licenses for their custom arrangements and performances. Tresona indicated it reached out to the Show Choirs through Carroll and others affiliated with the Association to request that they pay the required licensing fees for their performances. However, Tresona claims that in December 2014 the principal of Burbank High School responded “refusing” to pay for the appropriate licenses, and in January 2015 the principal stated he would not respond to any additional emails from Tresona.
Also in January 2015, Tresona’s President, Mark Greenburg met with the assistant superintendent for Burbank, Dr. John Paramo, and Greenburg informed Paramo of the unpaid licensing fees. Paramo stated in the meeting that he was “embarrassed” that the fees had not been paid, and requested that Tresona send him a bill, and he would ensure the fees were paid. However, after Tresona sent the bill, the defendants obtained legal counsel and refused to make any payments. Tresona claimed that once the Show Choirs’ arranger, John Greene, learned that the Association and Show Choirs did not have the necessary licenses to perform his arrangements, he ceased his involvement with the choirs. As a result, starting in 2016, the Show Choirs used a new arranger, but have “concealed the name of this arranger to everyone involved . . . ” in the Show Choirs’ operations.
Tresona was unable to obtain payment from the Association, and on June 29, 2016, filed suit claiming copyright infringement and requesting damages up to $150,000 per infringement, a permanent injunction, other monetary damages, attorneys fees, and interest. As part of its complaint, Tresona identified 79 songs that it holds the exclusive licensing rights for, and 10 additional songs that it holds permissive licenses for, that were performed by the Show Choirs without proper licensing. On August 5, 2016, Carroll submitted his answer to Tresona’s claims, asserting a variety of defenses including fair use and parody. On August 23, 2016, the Association filed its answer, and claimed its use of the songs identified by Tresona was not infringement for a variety of reasons including fair use.
After a series of pleadings, Carroll filed a notice on November 21, 2016, seeking summary judgment on each of the Plaintiff’s claims, or in the alternative, seeking partial summary judgment.