Comerica Bank & Trust, NA as Personal Representative of the Estate of Prince Rogers Nelson v. Habib (17-cv-12418).

Comerica Bank, appointed by the probate court as the Personal Representative of the estate of Prince, sued Massachusetts resident Kian Andrew Habib over videos posted by Habib on YouTube that included live recordings of several Prince-written songs, including “Nothing Compares 2 U,” “Glam Slam,” and “Sign o’ the Times.” The complaint alleges that these videos were posted for commercial purposes, including at least advertising revenue generated by views of the videos by YouTube users, and that this commercial use negatively affected the value of the Prince estate by taking away from revenues legitimate Prince videos could realize.  YouTube removed the videos in response to a take-down notice.  In response, Habib provided a counter-notification pursuant to 17 U.S.C. 512(g), contesting their removal.  Comerica filed suit to prevent the videos from being reposted, and seeks damages and attorneys’ fees as well as injunctive relief.  (Full Disclosure – Comerica is represented by members of my firm, Lando & Anastasi).

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