Freeplay Music or Free to Play Music? That is the question.

Freeplay Music Company is a music productions company that provides a library of music tracks for its customers. Earlier in April this year, Freeplay Music issued a claim against motor vehicle giant Ford for copyright infringement. Ford was accused of using Freeplay’s music tracks without a license on its promotional videos online. Freeplay is seeking statutory damages of $150,000 for each track that has been used without authorisation.

Ford responded to Freeplay’s claim of copyright infringement in September raising a number of counter claims in its defence and stating that Freeplay has falsely advertised its service. Ford is arguing that Freeplay claims to offer a free service yet it requests payment for the use of such services. Ford claims through the use of Freeplay’s marketing strategy and the use of its communications to consumers, it can be inferred that the service it provides is free. This is not the case as a license is required.

Freeplay has since responded to Fords allegations of false advertising, calling them absurd. Freeplay has asked the Court to dismiss Ford’s counter claims on the basis that they are weak and unsubstantiated claiming this is simply a feeble attempt by Ford to openly infringe copyright.

Ford has yet to respond.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com