The Rolling Stones have filed a ‘Movement to Dismiss’ the copyright infringement lawsuit by Spanish songwriter Sergio Garcia Fernandez. The authorized submitting outlines a number of causes for dismissal, together with Plaintiff’s alternative of improper venue, failure to state a declare, and lack of private jurisdiction over a Europe-based rights administration firm.
In March, Spanish songwriter Sergio Garcia Fernandez filed a copyright infringement lawsuit in a Louisiana federal courtroom. Fernandez, professionally often called ‘Angelslang’ claimed that ‘recognizable and key protected parts’ from his songs “So Sorry” (2006) and “Seed of God” (2007) seem in The Rolling Stones’ monitor “Dwelling in a Ghost City” (2020). Fernandez demanded a jury trial towards Defendants Mick Jagger, Keith Richards, UMG INC., BMG Rights Administration LLC, and Promopub B.V.
Now, DMN has obtained a movement to dismiss submitted by the attorneys of Mick Jagger and Keith Richards. Dated June thirtieth, the submitting lists a number of the reason why Choose Eldon E. Fallon ought to dismiss the copyright infringement lawsuit within the Japanese District of Louisiana courtroom.
Inside the courtroom submitting, The Rolling Stones declare, “Plaintiff’s grievance is replete with deficiencies relating to jurisdiction, venue, and discussion board that warrant dismissal.”
“Fernandez’s lawsuit claims that in 2013, he allegedly shared a CD containing the non-US works written six or seven years earlier with an unnamed fast member of the family of Mr. Jagger. The Defendants dispute the allegations of copyright infringement made by Plaintiff.”
The 26-page courtroom doc additionally notes that Fernandez is a Spanish citizen suing Defendants over alleged infringement of non-US works (compositions and recordings). “[Works which] weren’t authored within the US, or registered with the US copyright workplace.”
“The courtroom ought to dismiss Plaintiff’s First Amended Criticism (FAC) as a result of it fails to adequately plead a copyright infringement declare. Plaintiff has did not allege an exemption to the copyright precondition for his non-US works. This warrants dismissal of the FAC in its entirety.”
Different causes listed as grounds to dismiss embody lack of jurisdiction. The submitting explains, “The courtroom can not train private jurisdiction over Defendant Promopub B.V.”
“Defendant Promopub is a Dutch personal restricted firm with no contacts in america. Promopub holds copyrights claims in sure musical compositions authored by Jagger and Richards, amassing and distributing publishing income generated by the musical compositions.”
“[Promopub] doesn’t conduct any enterprise within the US. All of the books and data regarding such publishing income and all of Promopub’s workers are situated within the Netherlands.”
The movement to dismiss additionally questions the Plaintiff’s alternative of venue, stating, “Venue within the district is improper as not one of the Defendants resides, or might in any other case be discovered, on this district.”
Fernandez filed the copyright infringement lawsuit in Louisiana, and The Rolling Stones declare that “The one particular person with any ties to Louisiana is Plaintiff’s counsel, who relies in New Orleans. The situation of his workplace is just not related to establishing a neighborhood curiosity or controversy.”
It additional provides, “Opposite to the allegations within the FAC, Mr. Jagger and Mr. Richards are each UK residents. Mr. Jagger is just not domiciled within the US, and Mr. Richards is domiciled in Connecticut. The Rolling Stones haven’t carried out in Louisiana since a efficiency within the Superdome on their worldwide tour in 2019. Beforehand, they carried out on this district solely three different instances, in 1978, 1981, and 1984. They haven’t directed any of their actions purposefully or particularly in direction of this district.”
The rock band additionally added, “The Accused Work was written and recorded outdoors of this district, and neither of those Defendants directed any contacts regarding the Accused Work to this district.”
“The extra applicable discussion board for this case could be a courtroom in Europe as a result of Plaintiff, a Spanish citizen, and domiciliary, asserts infringement of his non-U.S. works towards Defendants who all have a presence in Europe. Briefly, each the personal and public curiosity elements weigh in favor of dismissal.”
“Though every of the above causes warrant dismissal, ought to the courtroom not dismiss the FAC, the courtroom ought to switch the venue to the Southern District of New York. It was improper for Plaintiff to deliver this case on this district when he might have introduced it within the Southern District of New York.”