Indie Music Label Sues Distributor Over 'Misrepresentation' in Takedown Case

Music distributor DistroKid violated its fiduciary duties and its duties of “good faith and fair dealing,” alleged a Wednesday breach of contract class action (docket 1:23-cv-04776) in U.S. District Court for Southern New York in Manhattan. The suit also named artist Raquella “Rocky Snyda” George in a claim for “knowing and material misrepresentations” in her takedown request under section 512 of the Digital Millennium Copyright Act (DCMA).

Plaintiff Doeman Music Group Media, based in West Virginia, alleges DistroKid’s “wrongful actions leave a vulnerable class of independent artists and labels powerless to distribute their own music,” despite having contracted with, and paid, DistroKid, to distribute its music on a wide range of platforms. Doeman referenced DistroKid’s “rank refusal to do so much as lift a finger” to provide independent artists and labels with information they need to keep their works online when faced with “abusive DMCA takedowns.”

The complaint alleges Doeman uploaded the extended play (EP) “Murder Season Vol. 1” and a single from the EP called “Scary Movie” after signing DistroKid’s distribution agreement. DistroKid populated various platforms with the music. Doeman relied on DistroKid’s “inside-knowledge and expertise” to contract with the streaming music services, provide guidance on posting music, properly format the music for each platform, keep in contact with services for Doeman’s music, upload music on its behalf and make sure the music was available -- and to collect and pay royalties on behalf of Doeman, it said.

In May 2020, hip hop artist Damien Wilson, “Frosty the Doeman,” contacted recording artist Raquella George, asking her to contribute a short clip of her voice to be used in his upcoming release, “Scary Movie,” and she agreed, the complaint said. Doeman paid her for her work and agreed to include her name in the song credits, it said. The two artists exchanged numerous messages and versions of George’s part of the song, with Doeman ending up with a three-second clip for “Scary Movie” that also appeared on the EP.

The two artists had a falling out and in January 2021, George demanded that her name be removed as a featured artist on “Scary Movie,” said the complaint. She demanded a screenshot confirmation that her name was removed or she would proceed with a takedown, the complaint said. Wilson told George she couldn't submit a takedown because he was the rightful copyright owner, it said. George “falsely represented” to Spotify that she was copyright holder of “Scary Movie,” and “on information and belief” to other platforms as well, the complaint alleged.

When DistroKid informed Doeman of the takedown, it said it was “unable to get involved or take sides in disputes between artists and claimants.” It told Doeman stores asked that he not re-upload the content until the dispute was resolved, and if another takedown was received for his content, “all stores and streaming services will likely remove your entire catalog of music and close your DistroKid account.” DistroKid had more information than it provided in the email, didn’t tell Doeman where it could submit a counter-notice and didn’t say which stores and streaming services provided DistroKid with the takedown, the complaint said.

DistroKid’s internal policy on takedowns against independent record labels and artists (ILIAs) who self-distribute their music “creates an environment where an ILIA’s music can be taken down, but the ILIA is not given any information or tools, other than the take-down party’s contact info, to have the music put back online,” the complaint said. In a case where there’s “misuse” of the takedown provision “such that the take-down party will not resolve the issue in good faith,” that “gives the takedown party complete control over it,” the complaint said.

Doeman seeks an award of damages against DistroKid and George, full recovery of costs and an award of attorneys’ fees against George. It also seeks a preliminary and permanent injunction preventing and restraining George.