Earlier this month, a fantasy-themed amusement park in Utah called Evermore sued Taylor Swift for trademark infringement on her most recent album of the same name. Now, TAS Rights Management, the company that handles Swift’s trademark and music rights, has filed a counterclaim against the park, Rolling Stone points and Pitchfork can confirm.
According to court documents seen by Pitchfork, the counterclaim claims that Evermore Park used to play Taylor Swift’s music on its grounds “without authorization or license agreement.”
The file includes two letters from BMI (the performance 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 your attention along with licenses reflecting your music usage fee of $ 1,728.67 for the period May 2019 to December 2019 only,” reads one letter. “This rate does not include all other unlicensed periods that you were using 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 as of 2019, BMI repeatedly attempted to contact Evermore Park through phone calls, emails, and letters, however, they claim that the amusement park responded only after learning that TAS’s counterclaim was imminent. .
TAS is seeking a court order for Evermore Park to pay greater compensation for damages for each work and performance violation.
Pitchfork has contacted representatives from Evermore Park and TAS Rights Management for comment.