3 Count: Settled Evermore

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1: Taylor Swift, Evermore Park Drop Respective Copyright Infringement Lawsuits

First off today, Athea Legaspi at Rolling Stone reports that Taylor Swift has settled both of her lawsuits with the Utah theme park Evermore bringing an end both to the park’s trademark infringement lawsuit and Swift’s copyright infringement lawsuit.

The park sued Swift first claiming that the release of the Evermore album caused “actual confusion”, which impacted the park. However, Swift hit back by filing a copyright infringement lawsuit, alleging that the park was playing at least three of her songs in performances without paying a license.

However, both sides have agreed to drop their respective lawsuits. Though the details are not known, a spokesperson for Swift said that the settlements came “without monetary settlement.”

2: Appeals Court Affirms Retired Police Officer’s $47,777 Win Against Copyright Troll

Next up today, Ernesto Van der Sar at Torrentfreak writes that the Ninth Circuit Court of Appeals has upheld a lower court decision against Strike 3 Holdings and ordered them to pay the $47,777 owed to a defendant in attorneys’ fees and costs.

Strike 3 is widely regarded as a “copyright troll” and has earned a reputation for aggressively targeting suspected pirates of pornographic content. The defendant in the case, known only as John Doe, is a retired police officer in his 70s and was targeted by Strike 3 Holdings when his IP address was allegedly used to download pirated pornography. Doe fought back and Strike Holdings attempted to dismiss their claims. However, Doe continued the fight and insisted on attorneys’ fees and costs.

Those fees were granted by the lower court, but Strike 3 Holdings appealed, and the Ninth Circuit has upheld that decision. Doe’s legal team may seek to file for additional legal costs that were incurred as part of the appeal process.

3: Wild Court Case Explores Two Global Pop Hits and a Key Question: Who Owns Remix?

Finally today, Eriq Gardner at The Hollywood Reporter Esquire reports that DJ Arty has filed a lawsuit against DJ Marshmello claiming that Marshmello’s 2018 song Happier is a direct copy of his remix of the OneRepublic song I Lived. However, the case has become mired in questions over contracts and who owns a remix.

According to Arty, Happier is an infringement of his song I Lived (Arty Remix). However, Marshmello is challenging whether Arty owns the composition to his remix noting not only that it’s a remix of another song, but that he was commissioned to write the song by Interscope records which, in their contract, said Arty was not entitled to “Any ownership or financial interest in the underlying musical composition(s)” of the song.

The case has been further confused by Ryan Tedder, the lead singer of OneRepublic. In a declaration, he said that “Arty does not have an ownership or financial interest” in the song. However, that testimony goes against what he said in a magazine article two weeks after the case was filed, leaving some to believe he committed perjury. The case is ongoing but is clearly one to watch.

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