Yesh Music Sues Another University for Infringement
Yesh Music ("Yesh") has continued its string of copyright suits by submitting a Complaint against Tufts University (the "University"). The Complaint, filed on July 1, 2020, alleges that the University violated one of Yesh's copyrights by using a song in an advertisement on the University lacrosse YouTube page. The song is titled "Anything You Synthesize (Ambient)" and was acquired by Yesh in 2013, according to an Assignment Agreement included as an exhibit to the Complaint. The song's copyright registration is also included in the exhibit.
The Complaint claims that, without authorization, the song was synchronized in a YouTube video (titled "The Season 2018 - Chapter 3: Culture") promoting the University's men's lacrosse team. The Complaint also notes that all identifying copyright information for the song was omitted from the video in violation of the Digital Millennium Copyright Act ("DMCA"). YouTube apparently gave notice to the University that its use of the song was unlicensed, and Yesh also reached out through email to give the University notice that its copying, distribution, public display, and synchronization of the song were unlawful.
The University allegedly took no action concerning the offending video after these notices. However, the video is now absent from the "The Season 2018" playlist on the lacrosse team's YouTube channel. (Please note: as of October 2020, the lacrosse team's YouTube channel no longer has any playlists.) It remains to be seen what other steps the University will take in the suit.
As a private institution and not a state actor, the University will not be able to assert sovereign immunity as a defense as the University of Minnesota was able to successfully assert in a suit by Yesh. In this case, Yesh has demanded a jury trial, attorneys' fees, and extensive damages based on the alleged infringement and DMCA violation. Updates on this case will be provided as they become available.