Damages sought in Love is in the Air case | Blue Mountains Gazette

American electronic music duo Glass Candy have sought to dramatically reduce the damages they must pay for grossly infringing copyright on the 1977 disco hit Love is in the Air.

In federal court on Friday, attorney Richard Cobden SC said Glass Candy musicians John Padgett and Lori Monahan should only pay damages for 12 downloads of their 2011 song Warm in the Winter, which used parts of John Paul Young’s hit.

“We say this is the only act of infringement from which the damages inquiry arises. It is its footing and foundation. That and nothing else,” he told Judge Stephen Burley.

The case was brought in 2017 by Boomerang Investments, the company that owns the rights to Love is in the Air.

In April 2020, Judge Nye Perram found that the American duo deliberately and perfumed violated the copyrights of Love is in the Air by sampling a section of the song in Warm in the Winter and agreeing to the use of its song in Air France marketing. campaign in 2015.

Judge Perram also found that Padgett lied in court about when he heard Love is in the Air. These negative findings led the judge to withdraw from the case in December 2021 due to possible bias against the musician.

“Fully aware and familiar with Love is in the Air, Mr. Padgett and Ms. Monahan deliberately copied it by incorporating it into Warm in the Winter, and then lied to the court about the course of events,” the lawyer said. of Boomerang, Michael Hall SC, in court. Friday.

While Padgett and Monahan had licensed the song to be played on platforms such as iTunes, Spotify and YouTube, this did not constitute an infringement as those platforms had a blanket license to stream Love is in the Air, which was contained in the Glass Candy song. .

Downloads from these well-known platforms were also covered by a general license, meaning that Boomerang could not be compensated for this infringement either.

Mr Cobden said the duo Glass Candy should only have to pay for 12 downloads of the song from the Big Cartel website which had no license to the song.

Boomerang claims compensation for the sums that Padgett and Monahan would have agreed to pay for a hypothetical license allowing them to sample and use parts of Love is in the Air. The firm is also seeking additional damages for the gross violation of the song.

The exact amount of damages sought by Boomerang is not known as it is based on confidential figures from its licensing for the disco hit with artists, television studios and other entities.

The court heard the studio behind the Gilmore Girls paid $21,000 to have one of its actors sing “love is in the air” once during a cafe scene that aired in 2002.

A deal with German house music producers Milk & Sugar for a cover of Love is in the Air with John Paul Young saw Boomerang retain 100% rights to the song, which was released in 2001.

Australian Associated Press

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