Sony Music Entertainment is requesting additional time to respond to Patrick Moxey’s lawsuit filed against the company.
A letter, dated December 18, 2024, addressed to Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York submitted on behalf of Sony Music Entertainment (SME) and Ultra Records request an extension of time to respond to the complaint filed on November 29, 2024.
Sony Music Entertainment (SME) and its subsidiaries, including Ultra Records and AWAL (Artist Without A Label), are facing a lawsuit filed by Patrick Moxey’s Ultra International Music Publishing (UIMP) for alleged copyright infringement. The independent publisher claims Sony is engaging in unauthorized use of over 50,000 compositions owned by UIMP, which have been recorded by artists such as Ed Sheeran, Madonna, Rihanna, and Migos.
The deadline for a response was December 26, 2024, and they seek an extension to February 17, 2025. The request is based on several factors, including the holiday closure of the defendants’ offices, the need to retain counsel, and the time required to investigate the claims, which involve allegations of copyright infringement concerning at least 113 separate compositions, as well as claims of direct and vicarious infringement, tortious interference, and potential issues of foreign law.
Additionally, multiple foreign defendants have not yet been served, and the plaintiffs have confirmed that they do not object to the extension or the representation of the defendants for this purpose. This is the first request for an extension in this case, and the defendants argue that granting the extension will not cause delays. They respectfully request the court’s approval to ensure sufficient time to address the allegations properly.
The legal battle stems from accusations of “underpayment and non-payment of royalties” and unauthorized use of UIMP’s compositions in digital downloads, physical formats, streaming, and music videos. In the November 29, 2024 filing UIMP alleges that despite discovering payment discrepancies during audits, Sony has refused to compensate the publishing company and its songwriters.
Moxey’s lawsuit obtained by WMV, describes Sony’s actions as “blatant, ongoing, and massive piracy” and claims that Sony has knowingly exploited UIMP’s works without a license, even after receiving repeated cease-and-desist demands. The lawsuit includes a list of around 100 compositions allegedly infringed, with potential damages exceeding $15 million.
This is not the first clash between the two parties. In 2022, Sony-owned Ultra Records sued Moxey’s publishing company over the continued use of the “Ultra” name after Moxey sold Ultra Records to Sony. Moxey countered with his own legal actions, culminating in a contentious relationship between the entities.
Ultra Music Publishing emphasizes that this lawsuit is just the beginning, with plans to pursue additional claims against Sony Music for other alleged infringements. The publisher also accuses Sony of hypocrisy, suggesting that the company’s public stance as a defender of intellectual property rights starkly contrasts with its alleged actions.
A jury trial has been requested, with Ultra Music Publishing vowing to protect its songwriters and catalog from further exploitation.
Before selling to Sony, Moxey’s Ultra label was responsible for the success of Omi’s Cheerleader, Dame Tu Cosita by El Chombo and Cutty Ranks which have 1.9b and 4.9b YouTube streams respectively, among other global smash hits.
