Epidemic Sound has filed a second copyright infringement lawsuit in opposition to Fb mother or father firm Meta, alleging that the tech big continues to infringe the music firm’s catalog throughout Fb, Instagram and WhatsApp.
The brand new criticism, filed within the US District Court docket for the Northern District of California on Tuesday (December 2) and obtained by MBW, lists 1,000 consultant works that Epidemic alleges Meta is infringing by way of its Audio Library and thru instruments together with Authentic Audio and Reels Remix.
Stockholm-headquartered Epidemic, whose catalog contains over 50,000 works, famous within the submitting that every of the 1,000 works listed within the new criticism have been registered after Epidemic filed its first lawsuit in opposition to Meta in July 2022, which stays lively earlier than Decide Jacqueline Scott Corley in the identical court docket. That case sought at the very least $142 million in damages.
The Swedish music firm is in search of statutory damages of as much as $150,000 per work infringed as a part of the brand new lawsuit, which means potential damages might attain $150 million based mostly on the 1,000 works listed. Epidemic can also be in search of a everlasting injunction, attorneys’ charges, and prices.
In response to the criticism, Meta has been providing Epidemic’s works by way of its Audio Library, which the submitting describes as Meta’s curated assortment of music tracks made accessible to billions of customers to use in reference to content material posted on Meta’s platforms.
The lawsuit states that Meta additionally created instruments resembling Authentic Audio and Reels Remix that “enable its customers to steal Epidemic’s unlicensed music from one other consumer’s posted video content material and synchronize Epidemic’s music with their very own subsequent movies, leading to exponential infringements on Meta’s platform.”
The criticism alleges that Meta has included at the very least 500 of the 1,000 works in its Audio Library and has “saved, reproduced, made accessible, and distributed these Works to its customers and not using a license.”
“Meta has not secured a license from Epidemic for the usage of its copyrighted music on its platforms or paid Epidemic or its artists a penny for the infringing makes use of of its music at concern herein,” the criticism states.
The submitting additionally alleges that Meta has repeatedly refused Epidemic’s requests for entry to a software known as Rights Supervisor for Music, which the corporate describes as a copyright administration software that helps rights holders establish, defend and monitor unauthorized use of music content material on Meta’s platforms.
“Regardless of having been on discover of its infringement of Epidemic’s works, regardless of having been sued in July 2022 by Epidemic for infringement, and regardless of that the truth that Meta was actively and repeatedly infringing the consultant works within the First Swimsuit’s criticism even in the course of the pendency of the go well with, Meta’s infringement continues.”
Criticism filed by Epidemic in opposition to Meta
In response to the criticism, whereas Meta allowed Epidemic to entry Rights Supervisor Professional for video content material, it has “repeatedly refused Epidemic’s requests for entry to its rights administration software particularly designed for house owners of music content material.”
“Meta has withheld this software from Epidemic, regardless of repeated requests for such entry, leaving Epidemic with out correct recourse or the power to cope with the rampant infringement of the Works on Meta’s platforms,” the criticism states.
The lawsuit alleges that Meta threatened to limit or revoke Epidemic’s entry to Rights Supervisor altogether.
Epidemic’s criticism emphasizes that Meta has been on discover of the infringement for years, together with by way of the primary lawsuit filed in July 2022.
“Regardless of having been on discover of its infringement of Epidemic’s works, regardless of having been sued in July 2022 by Epidemic for infringement, and regardless of that the truth that Meta was actively and repeatedly infringing the consultant works within the First Swimsuit’s criticism even in the course of the pendency of the go well with, Meta’s infringement continues,” the criticism states.Music Enterprise Worldwide
