Apple has been accused of including a track in Apple Music that infringes the copyright of an original song. At the same time, the copyright holder alleges that Apple took advantage of the track by using it in an online advertisement.
Charming Beats says it owns the copyright to a song called “Anything You Synthesize”. According to the company, another track titled “Caramelo” by French rapper Ninho “consists of a musical component that is an unlicensed reproduction” of their work.
The complete file, available below, details the precise nature of the alleged reproduction.
It also states that the lyrics for “Caramelo” were posted on an Apple website, along with a short sample and a link to listen to the full song on Apple Music. “Defendant APPLE’s promise that the full version of the counterfeit derivative can be broadcast on its service is pretty enticing,” the record reads.
“[But it] is false and misleading advertising, ”the lawsuit continues. It seems that “Caramelo” was not available on Apple Music at the time.
Additionally, the company Charming Beats claims that Apple’s ad included a video of performer DeeBaby encouraging people to listen to the full song by joining Apple Music.
“DeeBaby is the notorious artist who has been widely criticized for his transphobic statements,” the company said in a court filing. “The defendants forced an association of the copyrighted track with transphobia which damaged the copyrighted track.”
The case dates back to 2017, when, according to Charming Beats, it served takedown notices on Apple and associated company MediaLab. The company wants a jury trial and damages of up to $ 150,000 but not less than $ 30,000, plus costs.
Apple did not comment.