USC Moves to Dismiss Entire Sony Music Copyright Lawsuit

The University of Southern California (USC) has moved to dismiss Sony Music’s infringement lawsuit on jurisdictional grounds and for failure to state a claim.

USC kicked off that straightforward dismissal push earlier this month, after Sony Music submitted the suit to a New York federal court in March. As we reported then, the major is accusing the university of infringing on a substantial number of works in social media videos.

On platforms such as TikTok and Instagram, featured song libraries are for cleared for individual use; standalone licenses are required for commercial usages, more than a few actions have underscored.

While Sony Music’s allegations of “rampant infringement” took center stage, the litigation’s venue didn’t attract much attention out of the gate. As the major sees things, though the defendant’s main operations are on the other side of the country, New York is a suitable forum for “numerous” reasons.

“This Court has personal jurisdiction over USC on numerous grounds,” SME’s original complaint reads in part. “USC transacts substantial business within New York. USC maintains a ‘University Advancement’ Office in New York City at 600 Madison Avenue, conducts academic programs in New York, organizes events in New York relating to recruiting, admissions, networking and sports, and maintains an active alumni club in New York.”

But as mentioned, USC says these purported facts don’t cut it – and the presiding judge should therefore toss the action altogether.

“Plaintiffs’ Complaint fails to allege facts that support the exercise of general jurisdiction over USC in New York,” the university’s dismissal memorandum indicates. “USC is neither headquartered in New York nor organized under New York law. The handful of New York-based contacts alleged by Plaintiffs (e.g., fundraising in New York and having an alumni club in New York) are typical of American universities and certainly do not make USC ‘at home’ in New York, as required to establish general jurisdiction.”

Instead, the case should play out in California, where the filing parties could “obtain just as effective relief” as in the Empire State, according to USC. Furthermore, “California has an interest in this case because it is based on alleged conduct that took place in California involving a California university’s use of California-based social media platforms.”

All told, USC’s jurisdictional-centered dismissal arguments span the vast majority of the appropriate memorandum. However, a brief portion of the text also urges dismissal based on the contributory and vicarious claims’ perceived shortcomings.

“As an initial matter,” one relevant section maintains, “Plaintiffs have failed to plead a claim for vicarious or contributory infringement because they have failed to plead direct infringement by a third party, much less identify what third party they contend has directly infringed.”

With that, all eyes are on Sony Music’s dismissal-motion retort, which, one court-approved delay later, is now due by July 10th.