Indiana Intellectual Property Law News
In the contempo
rary digital landscape, the protection of intellectual property, especially in the realm of creative works, has become a paramount concern. Copyright infringement, the unauthorized use or reproduction of copyrighted material, continues to pose significant challenges for creators and rights holders. A recent case involving Plaintiff Watson Music Group, LLC. d/b/a Quadrasound Music and Defendant Borshoff, Inc. sheds light on the complexities and legalities surrounding copyright infringement in the digital sphere.
Plaintiff Watson Music Group, a Florida-based limited liability company, alleges that Defendant Borshoff, Inc., an Indiana corporation, infringed upon its copyrighted musical work titled “Space Jam.” The alleged infringement occurred on Defendant’s social media account ‘@borshofftalks’ hosted on Facebook.
The complaint describes an unauthorized posting of a discernable excerpt of the Plaintiff’s copyrighted musical work on the Defendant’s Facebook account. The Plaintiff asserts that the Defendant, without obtaining proper permission or authorization, reproduced, stored, and made available the copyrighted material for public performance via a digital audio transmission, thereby violating the Plaintiff’s exclusive rights as a copyright holder.
The Plaintiff’s claims are grounded in the United States copyright laws, particularly Title 17 of the U.S. Code, which safeguards the rights of creators and copyright owners. According to the Plaintiff, the Defendant’s actions not only infringed upon the Plaintiff’s exclusive rights but also caused financial harm by deriving benefits from the unauthorized use of the copyrighted material.
Furthermore, the Plaintiff contends that despite notifying the Defendant about the infringement and seeking resolution through a cease-and-desist letter, the Defendant continued the alleged infringing activities. This persistence, according to the Plaintiff, demonstrates the willful nature of the Defendant’s conduct, exacerbating the impact on the Plaintiff’s rights and interests.
Therefore, the Plaintiff is seeking actual damages and disgorgement of profits attributable to the infringement, statutory damages as provided by copyright law, injunctive relief to prevent further infringement, and recovery of litigation costs and reasonable attorney’s fees.
The case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Kellie M. Barr, in the U.S. District Court of Southern Indiana, and assigned Case No. 1:23-cv-02117-TWP-KMB.