BakerHostetler Responds to Copyright Infringement Complaints Filed Against Freeplay Music

NEW YORK, March 3, 2015 /PRNewswire/ -- BakerHostetler today filed answers and counterclaims in the United States District Court for the Central District of California responding to Machinima, Inc. and Collective Digital Studios, LLC (CDS).  The filings allege that Machinima and CDS have exploited hundreds of copyrights owned and/or controlled by Freeplay Music, LLC.  

The filings, prepared by BakerHostetler attorneys Oren Warshavsky, Robert Welsh and Tatiana Markel, allege that both Machinima and CDS were aware that they were using Freeplay's music without authorization.  According to Warshavsky, "Freeplay notified Machinima and CDS of these infringements, just as any other copyright owner in any other industry would do.  But rather than pay Freeplay Music, Machinima and CDS responded by accusing Freeplay Music of 'extortion' and being a 'copyright troll'—these accusations are false and only add insult to injury. Machinima's and CDS's systematic misappropriation of Freeplay Music's copyrights without authorization has harmed our client. In this action we intend to protect our client's rights and utilize the remedies and enforcement provisions provided by the Copyright Act."

Freeplay Music's filings explain that Freeplay's agents and Freeplay itself alerted Machinima and CDS that each was exploiting Freeplay's copyrights without authorization.  The filings also explain that beginning in 2014, when YouTube required Machinima and CDS to ensure copyright compliance, both eschewed their obligations to do so with respect to Freeplay's copyrights.  Freeplay Music, a music publisher since 2001, administers a catalogue of tens of thousands of songs, 15,000 of which are available for download on its website.  Freeplay's music is easy to use properly.  Freeplay Music has issued over 1.8 million licenses and there are over 425,000 authorized uses of its copyrighted music on YouTube. "Freeplay's copyrighted music is being used by Machinima and CDS and today's two filings detail hundreds of commercial uses of Freeplay's music by Machinima and dozens by CDS.  Rather than dealing with this infringement, Machinima and CDS went on the offensive, blatantly mischaracterizing Freeplay and its business model.  Ironically, Machinima and CDS are commercializing Freeplay's copyrighted music, and then cry foul that Freeplay seeks to enforce its rights to do the same," said Warshavsky.

As detailed in the court filings, Freeplay engaged a related but independent company, TuneSat, LLC, which has the premier music identification technology. TuneSat represents thousands of copyright owners and has a database of over 50 million different musical works.  TuneSat identified hundreds of unauthorized uses.  Machinima is accused of exploiting over 80 Freeplay copyrights, of which there are over 500 unauthorized uses.  CDS is accused of exploiting over 40 Freeplay copyrights, of which there are more than 60 unauthorized uses.

"Like any other music publisher, Freeplay's main business is to control and monetize the use of music in its catalogue.  The central purpose of the Copyright Act is to ensure that copyright owners can control their copyrighted works; this includes authorizing use of their work and preventing unauthorized use of their work," said Warshavsky.  "It is unfortunate that Machinima and CDS have required Freeplay to enforce those rights," Warshavsky concluded.

BakerHostetler has worked alongside clients as they grapple with changes in the way content is distributed, copied, and created. The firm represents clients across industries—including content creators for whom descriptions are still being invented.  The firm utilizes its experience in software and reproduction technologies, along with its depth of knowledge in intellectual property, media, and Internet law, to remain at the forefront of legal issues, including those created by evolving technologies. Warshavsky, a lead litigator in the IP practice and the head of BakerHostetler's Copyright, Content and Platforms group, regularly litigates in federal and state courts nationwide.

About BakerHostetler

One of the nation's leading law firms, BakerHostetler helps clients around the world to address their most complex and critical business and regulatory issues. With five core national practice groups – business, employment, intellectual property, litigation, and tax – the firm has more than 900 lawyers located in 14 offices coast to coast. BakerHostetler is recognized for its role as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee in the recovery of billions of dollars in principal lost in the Ponzi scheme perpetrated by Bernard L. Madoff. Additionally, BakerHostetler is widely regarded as having one of the country's top 10 tax practices, a nationally recognized litigation practice, data privacy practice, and an industry-leading middle market business practice. For more information, visit www.bakerlaw.com.

Contact:

Tracy Hager
BakerHostetler
[email protected] 
303.764.4090
Or
Pete Holmberg
Code Morris Omnimedia
[email protected] 
917.501.7434

SOURCE BakerHostetler

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