ESNTION V. JONESTM; Master Recording Copyright Infringement

by Tamera H. BennettJanuary 16, 2008

Updated December 14, 2009:  See Post Here

EsNtion Records, Inc. v. JonesTM, Inc., 3:2007cv02027, N. Dist. Tex., Dallas, Dec. 2007.

EsNtion Records, Inc., a dance and Latin music record label located in Chicago, sued JonesTM, a record distributor in Dallas for copyright and trademark infringement.

Plaintiff alleged Defendant reproduced and distributed Plaintiff’s sound recordings and videos through their CD, DVD, and on-line distribution mechanisms without authorization or license. The complaint further alleges Defendant removed Plaintiff’s copyright notices from the recordings prior to reproduction and distribution.

Plaintiff seeks damages, an accounting, the imposition of a constructive trust upon Defendant’s profits, seizure of articles, and injunctive relief.

Not all of the sound recordings were registered for copyright prior to the alleged act of infringement. That means, if Plaintiff reaches the damages portion of this case, it will only have the option to elect statutory damages for those sound recordings infringed in which a registration was filed prior to the act of infringement.

If the sound recordings are allegedly infringed, then the songs/musical copyrights would also be infringed. I wonder who owns the musical copyrights in the songs. There is no reference to a sister lawsuit by the copyright owner(s) of the songs.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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