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Earlier this month, a fantasy-themed amusement park in Utah, Evermore, sued Taylor Swift for trademark infringement on her latest album of the same name. Now, TAS Rights Management, the company that manages the rights to Swift’s brand and music, has filed a counter-action against the park, Rolling stone points out and Pitchfork can confirm.
According to court documents seen by Pitchfork, the counter-suit claims that Evermore Park regularly performed Taylor Swift’s music for his reasons “without authorization or license agreement.”
The record includes two letters from BMI (the performing rights organization) to Evermore Park, from August to September 2019. Both letters inform Evermore Park of the copyrighted nature of the use of the music. “In the past, letters have been sent to you with licenses reflecting your music usage fee of $ 1,728.67 for the period May 2019 to December 2019 only,” one letter read. “These fees do not include any other unlicensed periods during which you used music.” The lawsuit specifically refers to the park’s use of Swift’s songs “Love Story”, “You Belong With Me” and “Bad Blood”.
The TAS lawsuit claims that starting in 2019, BMI made several attempts to contact Evermore Park by phone, email and letters, but claims the amusement park only responded after learning that the TAS counter-combination was imminent.
TAS is seeking a court order for Evermore Park to pay increased statutory damages for each labor and performance violation.
Pitchfork has reached out to representatives from Evermore Park and TAS Rights Management for comment.
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