Cinq Sues Creates Music Group For ‘False To Claim’ Copyright Infringement

Record label and distributor Cinq Music Group sued Create Music Group on Monday, accusing the company of preventing it from monetizing Swell’s 2016 song “I’m Sorry” on YouTube. Cinq’s complaint, filed in Los Angeles Superior Court, seeks “not less than $200,000” in damages, alleging intentional interference with contractual relations, intentional interference with potential economic relations and negligent interference with future economic relations.

Billboard previously reported that more than 10 sources — including artist managers, lawyers and executives at other royalty collection firms — said they know of times when Create has demanded YouTube publishing fees it is not entitled to receive. Create vehemently denied the allegations.

Cinq’s lawsuit, in contrast, involves claims of copyright infringement related to one of the more elusive figures in modern music: The Shiloh Dynastywhose clips are widely sampled – most famously on several prominent XXXTentacion songs (including “Everybody Dies In Their Nightmares” and “Jocelyn Flores,” both of which have been streamed more than a billion times on Spotify). Swell samples the Shiloh dynasty on “I’m Sorry,” which was originally released back in 2016, slinging a brief sample of guitar and voice over a head-nodding hip-hop beat.

Cinq’s filing claims that “there is an agreement in place between the artists acknowledging that Shiloh is “working with” Create. [Swell and Shiloh Dynasty] for clearance of the sample used in Swell’s song” dating back to January 2017. Cinq’s complaint alleges that although the company notified Create of the alleged agreement, Create acted as if Swell did not clear the Shiloh sample and issued copyright infringement notices against “I’m sorry.”

Cinq’s complaint alleges that Create “has been warned multiple times that the track in question does not infringe its artist’s copyright.” “Despite this,” the lawsuit alleges, “Create has ‘failed and refused to remove these misplaced copyright attacks, thereby impeding and interfering with Plaintiff’s ability to monetize the music of its artist Swell. “

Create “falsely claims that there is an ownership conflict with respect to the audio recording when there is no such conflict,” Cinq’s filing reads. “Such notices have prevented Plaintiff from generating and collecting revenue from this particular trail since June 2020.” As a result, Cinq accuses Creation of “usurpation[ing] business opportunities” and “cause[ing] damage in the six figures.”

In a statement, Jonathan AtzenCreate’s legal chief, said, “we are protecting our client’s rights by blocking Cinq’s improper monetization and synchronization efforts of audiovisual content to which they do not have the rights.” David Jacobsthe attorney representing Shiloh Dynasty added in a separate statement that “Cinq does not have the contractual rights to monetize this asset in audiovisual use, including but not limited to YouTube.”

An attorney for Cinq did not respond to a request for comment.

Earlier this year, Create issued a takedown of another track that sampled Shiloh Dynasty, according to emails previously shared with Billboard. The producer who worked on that song also said he had a pre-existing agreement in place with Shiloh, and when Create was notified of the existence of that agreement, it dropped its copyright claim.

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