The Rolling Stones file a motion to dismiss copyright infringement lawsuit
The Rolling Stones have filed a motion to dismiss the copyright infringement lawsuit regarding their track ‘Living in a Ghost Town’.
Earlier this year, a case was filed in Louisiana by songwriter and musician Serio Garcia Fernandez, who performs under the moniker Angelslang. Fernandez claimed The Rolling Stones “misappropriated many of the recognisable and key protected elements” from his compositions ‘So Sorry’ and ‘Seed of God’ on ‘Living in a Ghost Town’.
Garcia claimed he previously handed a demo CD of the songs to a member of Jagger’s family. He alleges ‘Living In A Ghost Town’ takes “vocal melodies, the chord progressions, the drum beat patterns, the harmonica parts, the electric bass line parts, the tempos, and other key signatures” from ‘So Sorry’, and the “harmonic and chord progression and melody” from ‘Seed of God’.
A legal filing submitted by the attorneys of Mick Jagger and Keith Richards has now been seen by Digital Music News, they state it says: “Fernandez’s lawsuit claims that in 2013, he allegedly shared a CD containing the non-US works written six or seven years earlier with an unnamed immediate family member of Mr. Jagger. The Defendants dispute the allegations of copyright infringement made by Plaintiff.”
In the 26-page court document, Jagger and Richards claim that Fernandez is a Spanish citizen suing over alleged infringement of non-US works, therefore, the case needs to be in Europe rather than the United States.
“The court should dismiss Plaintiff’s First Amended Complaint (FAC) because it fails to adequately plead a copyright infringement claim. Plaintiff has failed to allege an exemption to the copyright precondition for his non-US works. This warrants dismissal of the FAC in its entirety,” the document states.
It continues: “The more appropriate forum for this case would be a court in Europe because plaintiff, a Spanish citizen and domiciliary, asserts infringement of his non-US works against defendants who all have a presence in Europe”.
The band state the Louisiana court should dismiss this lawsuit and if Fernandez chooses, he can pursue legal action in Europe. If the case isn’t dismissed, the document asks to :transfer the venue to the Southern District of New York” as a compromise.
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