Vondran Legal® - Copyright Music Infringement - TikTok Artists Beware!
Click to watch the video case brief
Introduction
From the case:
FACTUAL AND PROCEDURAL BACKGROUND
In 1986, renowned Japanese composer Toshifumi Hinata released the song “Reflections”-a melancholic instrumental piece underscored by a hauntingly beautiful and distinctive violin. The track continues to be a commercial success today, with over 53 million plays on Spotify alone.
Plaintiffs Sony Music Publishing and Sony Entertainment Japan, Inc. are the exclusive licensees and assignees of the track. In this role, they have selectively allowed licensing of the track in line with Hinata's wishes and endorsement.
In September 2019, Trefuego-a DFW area rapper-released a song entitled “90Mh” that allegedly infringes on the original and protected musical expression from Hinata's “Reflections.” In the track, Trefuego raps over a violin sample that appears to be cut from “Reflections.” The violin line is central to the song and plays throughout while Trefuego colorfully raps over it.
Some lyrics state:
Don't need a blade, I'm still gonna slay her Mind on the bread but I'm not a baker (Wow) Need to teach school with the way that I get paper I don't [mess] with 12, don't [mess] with no rules (Gang) I do [mess] with guns, so hand me that Ruger (Grra, bow) Pass me the gas, I'm finna get higher (Sky) Don't need a test, I know she a liar (Ahh).
Trefuego's song was a viral hit-garnering 100 million+ streams on Spotify, 155,000+ features in TikTok videos, and 10 million+ views on YouTube.
Problems with service of process
After attempting to resolve the dispute out of Court, Plaintiffs sued Trefuego for his alleged use of Hinata's work in his song. It has now been almost four months since the suit was filed, and Trefuego has yet to be served. Plaintiffs now move for substituted service and detail the extensive efforts they have gone through to accomplish service to no avail so far.
The court then ruled that substitute service was available
Plaintiffs' Motion for Substituted Service is GRANTED IN PART. It is hereby ORDERED that Plaintiff may serve the Complaint and Summons on Trefuego by:
(1) direct message to Trefuego's TikTok account;
(2) direct message to Trefuego's Instagram account;
(3) direct message to Trefuego's Twitter account;
and/or
(4) direct message to Trefuego's verified SoundCloud account.
- www.tiktok.com/streealgod.
- https://www.instagram.com/ismokefuego/?hl=en.
- www.twitter.com/ismokefuego.
- https://soundcloud.com/trefuego1.
As the late Judge Eldon B. Mahon used to say during his 30 years on this bench: “let the chips fall where they may.”
Sony Music Entm't v. Clark-Rainbolt, 4:23-CV-0275-P, 4 (N.D. Tex. Jun. 14, 2023)
Court imposes hefty damages
The court discussed damages:
Contact a Music Infringement Law Firm
If you need a copyright infringement lawyer for your music dispute, whether a Plaintiff or Defendant or in an arbitration or mediation setting, call us at (877) 276-5084 or fill out our contact form.
