Patrick Moxey’s impartial music publishing firm has filed an amended copyright lawsuit towards Sony Music Leisure and quite a lot of its subsidiaries, together with Extremely Data and AWAL.
The unique lawsuit, filed in New York in November on behalf of Extremely Worldwide Music Publishing LLC (UIMP) and Extremely Music Publishing Europe AG, centered on allegations of copyright infringement over Sony and its associates’ alleged use of Moxey’s firm’s compositions and not using a license.
Final month, Sony Music Leisure requested a courtroom in New York to dismiss the lawsuit, calling the copyright motion “an ill-conceived effort” to “retaliate towards” Sony Music for taking authorized motion over “Moxey’s unauthorized use of the ULTRA trademark after SME purchased Moxey’s share of Extremely Data from him in 2021.”
SME already owned 50% of the Extremely Data label, which it acquired from Moxey in 2012. After that, he continued to run the label as its President and co-owner. Moxey left Extremely Data in January 2022 however continued to totally personal Extremely Worldwide Music Publishing.
Moxey’s publishing firm (UIMP) was sued by Sony-owned Extremely Data in December 2022 over Moxey’s continued use of the ‘Extremely’ title.
In December 2024, a jury discovered that Moxey’s music publishing firm had breached the trademark. A few weeks in the past, in February, a US federal courtroom gave Moxey’s impartial publishing firm (UIMP) 180 days (roughly six months) to vary its title to one thing apart from “Extremely.”
In an order issued on February 25, Decide Arun Subramanian gave the corporate the correct to consult with itself as “previously generally known as Extremely Worldwide Music Publishing” on social media for 18 months following the order. The decide’s order will be learn in full right here.
In an modification to Extremely Music Publishing’s copyright criticism towards Sony Music, Moxey’s publishing firm hits out on the argument made in Sony’s movement to dismiss final month that the lawsuit was filed towards SME in retaliation for Sony Music’s authorized motion over the Extremely trademark.
Within the amended criticism, filed on Monday (March 10) obtained by MBW, Moxey’s publishing firm claims that Sony Music “has misrepresented this lawsuit as a hasty ‘revenge’ tactic that purportedly was filed by Plaintiffs in response to a trademark dispute between the events”.
“One of many basic roles of a music writer is to guard and defend the work and the rights of the songwriters we characterize. This lawsuit demonstrates our ongoing dedication to those rules.”
Patrick Moxey
The preliminary assertion of the 21-page doc, which you’ll be able to learn in full right here, continues: “It is a copyright lawsuit that doesn’t contain emblems or any kind of ‘revenge’.”
It provides: “It was filed to guard Plaintiffs’ songwriters and copyrights. This lawsuit is the inevitable results of Sony Music’s unabated, large, ongoing, and willful infringements of Plaintiffs’ copyrights for greater than two years.”
Additionally it is claimed throughout the preliminary assertion of the amended submitting that the allegations within the criticism “are substantiated by a voluminous evidentiary file of Sony Music’s illegal acts which Plaintiffs have rigorously and meticulously collected”.
Filed together with the amended criticism is a doc titled Exhibit A, itemizing 101 compositions the publishing firm alleges, have been infringed by Sony Music.
Within the authentic criticism, Moxey’s publishing firm accused Sony Music of “underpayment and non-payment of royalties” to the writer and its songwriters. The publishing firm mentioned it had “been engaged in an audit of Sony Music Leisure and its associates” for quite a lot of years.
The criticism additionally claimed that Sony “admitted the audit uncovered credit score errors and miscalculations of funds”, however that Sony “wrongfully refused to pay the Extremely Plaintiffs and their songwriters the monies that the Audit revealed they’re owed”.
Sony Music argued in its movement to dismiss final month that the copyright lawsuit was filed “on the eve of trial within the trademark lawsuit” by Moxey’s firm “in an try to achieve settlement leverage over” Sony within the trademark dispute.
The movement added that Moxey’s firm tried “to justify that nefarious timing by claiming this lawsuit stems from an audit of the music publishing royalties that SME paid to Plaintiffs”.
Added SME: “But, that audit — which concerned funds made by SME to Plaintiffs by means of 2016 — was settled in precept years in the past for a small fraction of the quantity claimed, and Plaintiffs by no means pursued these audit claims any additional.”
The movement continued: “In November 2024, mere days earlier than the trial within the trademark litigation started, UIMP and its Swiss affiliate commenced this copyright infringement motion, utilizing the long-since resolved audit as a pretext.”
In its new amended criticism, Extremely Worldwide Music Publishing claims that it “knowledgeable” Sony Music on January 19, 2023, “that they won’t grant licenses to Sony Music on a going-forward foundation till the audit points are resolved” and that “thereafter, the Extremely Plaintiffs repeatedly requested Sony Music, in a number of letters, over the course of two years, to cease infringing their copyrights”.
UIMP claims that “Sony Music rebuffed these clear and unequivocal requests” and that the music firm “continued — and to this date continues — to take advantage of unlicensed recordings that infringe Plaintiffs’ copyrights”.
The criticism claims: “For a lot of months, the Extremely Plaintiffs have repeatedly requested that Sony Music present them with any licenses that Sony Music claims to have for the infringing works at difficulty on this case.
“If any licenses existed, it might be simple for Sony to supply them. Nonetheless, Sony Music has failed to supply any license in anyway for any of the one-hundred-plus works at difficulty on this lawsuit.”
MBW has contacted Sony Music for remark and can replace this story if and after we obtain an announcement on the file.
Patrick Moxey issued the next assertion in response to a request for remark: “One of many basic roles of a music writer is to guard and defend the work and the rights of the songwriters we characterize. This lawsuit demonstrates our ongoing dedication to those rules.”Music Enterprise Worldwide
