Yesh Music ("Yesh") Filed Suit against Amity University ("Amity") for Alleged Copyright Infringement
Yesh asserts in it's complaint that it is the sole assignee of an original song entitled, "Equinox," which song was registered with the US Copyright Office in 2009 (the "Song"). Amity allegedly used the Song in an advertisement for its Dubai campus which was posted on YouTube. The video was uploaded in April 2013, and was still available as of the filing of the complaint. Yesh states that Amity did not have a license to use the Song for any purpose.
Yesh claims that it was not able to detect Amity's infringement earlier because Amity failed to provide identifying information of the song title, author, or owner in the video or its description. Yesh asserts that failing to include copyright management information is a violation of the Digital Millennium Copyright Act (DMCA).
Upon discovering the alleged infringement early in March 2019, Yesh sent a demand to remove the video by email to Amity the same day, but Amity refused to do so. Several days later, Yesh sent a Notice of Litigation and Demand to Preserve Evidence to Amity. Yesh alleges that Amity did not act on the second request.
Yesh asserts Amity’s actions and inaction "fall squarely under the reckless disregard or intentional standard for enhanced damages." Yesh is seeking statutory and compensatory damages, and restitution of alleged unlawful proceeds.