BMG Files Lawsuit Against Hilton Hotels After Hotel Chain Refuses to Take Down Infringing Works

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BMG has filed a lawsuit against Hilton Hotels in the United States.

Filed at the United States District Court for the Southern District of New York, the company’s Production Music division accused Hilton Worldwide Holdings of direct, contributory, and vicarious copyright infringement.

According to BMG, the hotel company has willfully “exploited” four of its copyrighted sound recordings and compositions in “infringing” YouTube and Facebook promotional videos.

The self-described “production music house” writes,

The Defendants benefited from the unauthorized use of those copyrighted works in connection with the promotion and advertisement of their products and services.  [They also] benefited from the unlicensed use of BMG’s unregistered songs in connection with the promotion and advertisement of their products and services.

In addition, through its agent and copyright administrator TuneSat, the production music company notified Hilton Hotels about the infringement and unlicensed uses.  Yet, the hotel chain has allegedly “refused to remedy their wrongdoing.”

Despite months of exchanges through correspondences, Hilton Hotels “willfully and intentionally [ignored] TuneSat’s correspondence.”

Highlighting the actual infringement, BMG says the hotel chain exploited ‘Start Moving’ in nine YouTube videos and six uploaded on Facebook.  ‘Collar Popper Holiday Mix’ also showed up in seven YouTube videos.  Hilton Hotels uploaded ‘Cookie Duster’ on YouTube.  ‘I’m On It (Instrumental)’ appeared in at least one infringing video.

BMG has listed seven causes of action: direct copyright infringement against Hilton Worldwide Holdings, direct copyright infringement against Hilton Domestic Operating Company, direct copyright infringement against ABC Corporation, vicarious copyright infringement against Hilton Worldwide Holdings, vicarious copyright infringement against Hilton Domestic Operating Company, contributory copyright infringement against all defendants, and unjust enrichment against all defendants.

In addition to seeking an injunction against the infringing content, BMG has sought compensation in actual damages as well as $150,000 for each infringing work.  The music production company has also requested a jury by trial.

You can view the complete lawsuit filing below.

 


Featured image by BMG.

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