Texas Band Sues I Am Second

Brian "Head" Welch
- A sound-alike version of "Freedom Blade" during the Lisa Luby Ryan testimony, the Janine Turner story and the Jarrett Stevens story
- "Quiet" during the Josh Hamilton (Los Angeles Angels outfielder) story and during the Brian "Head" Welch story
- "The World is Our _____." during the Tony Dungy (former Indianapolis Colts coach) story and the compilation story featuring several NASCAR drivers
- "There are Some Remedies Worse Than the Disease" during Pittsburg Steelers quarterback Landry Jones' story and NASCAR driver Darryl Waltrip's story
- "They Move on Tracks of Never-Ending Light" during Nate Larkin's story
The plaintiffs, Jeremy Galindo, Christopher King and Raymond Brown (This Will Destroy You members) and their record label, Magic Bullet Records, allege that E3 Partners Ministry has annual revenue of over $17 million and that the I Am Second campaign has gotten more than 1.5 billion media impressions worldwide. A portion of this revenue comes from DVD sales featuring I Am Second stories (and, as such, their music).
The lawsuit claims that E3 and their co-defendants, Audio Post Group LP, musician Brad Dale and Ditore-Meo Entertainment Co., did not seek, nor pay for, licenses from the band to use their music. "Instead, they appropriated plaintiffs' works, in whole, made them available to the world on the Internet, and sold videos using them through both online and brick-and-mortar retailers. To this day, despite e3's extraordinary economic performance, defendants have paid nothing to plaintiffs for such uses or sales, which are ongoing."
The suit further alleges that Brad Dale was familiar with This Will Destroy You's music because a band he was in opened for them. Thus, the "original music compositions" that he claimed to have created for I Am Second were not, in fact, his original creations. The band also states that Dallas Audio Post, which claims to have performed the "sound design, musical score and final mix" of the campaign for its client, Ditore-Meo, was party to the unlicensed use.
This Will Destroy You members are seeking damages for copyright infringement, saying that they earn "tens of thousands of dollars in licensing revenue" for limited uses of the band's songs, which have been featured in Olympic, Super Bowl and Academy Award broadcasts.
The damages in question that the plaintiffs seek are:
- Temporary and permanent injunctive relief
- Actual and statutory damages as allowed by law
- Defendants’ profits as allowed by law
- Costs and attorney's fees as provided by law
- Impoundment as allowed by law
- Prejudgment and postjudgment interest as allowed by law
- Such other and further relief as the Court deems just and proper
The 10-page complaint was filed on October 25, 2013 in the United States District Court Northern District of Texas Dallas Division as Civil Action # 3:13-CV-4314. None of the celebrities featured in the videos are included in the lawsuit.
Tags : I am Second Brian "Head" Welch
Hot Trends
-
American Idol's Breanna Nix’s Debut Single “Higher” Soars to No. 1
-
12th Annual K-LOVE Fan Awards: The Winners & How You Can Watch It
-
New Documentary “J. D. Greear Unmasked” Exposes Power Struggles Within the Southern Baptist Convention
-
Franni Cash Ditches The "Koolaid" In New Single
-
7 Things You May Not Know About American Idol's Breanna Nix
-
VoxMusic Releases Latest Worship Single, "So I'll Praise"
-
Here Are the Winners of the 2024 K-LOVE Fan Awards
-
Hillsong's Marty Sampson Finalizes His Decision to Leave Christianity in Tear-Filled Letter
-
Kutless Releases Bold New EP "Lies Of My Brothers"
-
Eauclaire Signs with NCS Collective; Releases "You Me The Kids"
-
Jimmy Fortune, Ben Isaacs, Bradley Walker, and Mike Rogers Forms Brothers Of The Heart With New Album Coming
-
Hinson Family’s Jordy Is Engaged To Logan Smith
-
Freedom Heart Worship Releases “All Things,” Featuring Jake Pooser
-
Tasha Cobbs Leonard Celebrates One Billion Streams on Pandora
-
Dante Bowe Rejoins Maverick City Music After "Accidentally" Posting Nude Selfie 3 Years Ago
Most Popular
-
American Idol's Breanna Nix’s Debut Single “Higher” Soars to No. 1
-
12th Annual K-LOVE Fan Awards: The Winners & How You Can Watch It
-
New Documentary “J. D. Greear Unmasked” Exposes Power Struggles Within the Southern Baptist Convention
-
Franni Cash Ditches The "Koolaid" In New Single
-
7 Things You May Not Know About American Idol's Breanna Nix
-
VoxMusic Releases Latest Worship Single, "So I'll Praise"
-
Here Are the Winners of the 2024 K-LOVE Fan Awards
-
Hillsong's Marty Sampson Finalizes His Decision to Leave Christianity in Tear-Filled Letter
-
Kutless Releases Bold New EP "Lies Of My Brothers"
-
Eauclaire Signs with NCS Collective; Releases "You Me The Kids"
-
Jimmy Fortune, Ben Isaacs, Bradley Walker, and Mike Rogers Forms Brothers Of The Heart With New Album Coming
-
Hinson Family’s Jordy Is Engaged To Logan Smith
-
Freedom Heart Worship Releases “All Things,” Featuring Jake Pooser
-
Tasha Cobbs Leonard Celebrates One Billion Streams on Pandora
-
Dante Bowe Rejoins Maverick City Music After "Accidentally" Posting Nude Selfie 3 Years Ago