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Swift’s attorneys claim that more than a year before the park initiated its complaint, TAS had been informed that the singer’s songs were being performed and performed there without the required licenses. As early as 2019, BMI, the performing rights organization that protects and collects revenue from works, began notifying the park that it was infringing Swift’s copyright by playing the songs and provided a contract to legal use. Subsequently, BMI sent several letters to the park with a draft music license agreement for the songs, requesting that the agreement be signed and returned to BMI’s location in Nashville.
Swift’s legal team said park officials ignored BMI’s messages and continued to use the works without proper licenses in the performances of the park’s musical actors for visitors. Moreover, after the park learned of this impending lawsuit, its CEO and founder Ken bretschneider called BMI seeking to purchase a retroactive license to cover all public performances, according to court documents.
Swift’s legal deposit comes three weeks after the park sued the singer, TAS and Taylor Nation LLC in federal court in Utah, accusing them of breaking the park’s name by using it as its title. Always album and accompanying merchandise. Evermore Park, which promotes itself as offering an immersive experience where performers perform fantastic characters in an interactive world, has argued in court documents that it has been the registered owner of the Evermore brand since 2015.
Swift’s attorneys countered that the Park’s lawsuit was simply “a baseless trademark claim” and an attempt to force a settlement based on Swift’s December 2020 post from the always album.
The park would also play, without a license, works by Katy Perry, Abba, The Beatles, Billy Joel, Britney Spears, Green Day, Gotye, Journey, Nirvana, Semisonic, Third Eye Blind, Tom Petty, Queen, Weezer and Whitney. Houston, among others, according to court documents filed by Swift’s legal team.
Swift asks the court to order that the park pay damages and that he be permanently banned from performing his works. His team is also demanding a jury trial.
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