Plaintiff RocLantic Records brings this claim against Defendant Marie Benes for copyright infringement under 17 U.S.C §501(a) based on Defendant’s posting of a YouTube video entitled “Shenandoah State of Mind” with lyrics that follow the beat pattern and retain a part of the chorus of “Empire State of Mind.”
PARTIES
2. Plaintiff RocLantic Records (“RocLantic”), a Virginia Limited Liability Company at 1234 Wilson Boulevard, Arlington, Virginia 22201. 3. Defendant Marie Benes (“Ms. Benes”) is a Virginia citizen, resides at 4425 North Dittmar Road, Arlington, Virginia 22207. Ms. Benes is a homeschool teacher to her children.
JURISDICTION AND VENUE 4. This is an action for copyright infringement under the Copyright Act of 1976, 17 U.S.C. § …show more content…
RocLantic owns a copyright in the lyrics of “Empire State of Mind” because it holds valid registration certificate and transfer agreement and has recordation of the transfer. 25. RocLantic’s copyright is valid because it is a musical work of original composition and created independently by the authors. 26. The lyrics to “Empire State of Mind” were not copied or inspired by another musical work and are original. 27. Ms. Benes had access to the lyrics and beat pattern of “Empire State of Mind” through her daughter who listened to music that glorified city life. “Empire State of Mind” is an anthem to New York City and would be the type of song that Ms. Benes’ daughter listens to. 28. Ms. Benes has had contact with her daughter since the release of “Empire State of Mind” because she is her homeschool teacher. 29. “Empire State of Mind” was widely disseminated through a YouTube video, radio and concert performances, and album sales, granting access for Ms. Benes. 30. “Shenandoah State of Mind’s” chorus is strikingly similar to the chorus of “Empire State of Mind” because only one word is changed and this shows Ms. Benes likely had access. 31. The lyrics to “Empire State of Mind” and “Shenandoah State of Mind” are extrinsically similar, following the same beat pattern and organization of the verses and