The second single and title track from Tim McGraw and Faith Hill‘s duet album, The Rest Of Our Life, is at the center of a copyright infringement lawsuit.
Penned by pop singer Ed Sheeran, Amy Wadge, Johnny McDaid and Steve Mac, “The Rest Of Our Life” is alleged to be a “willful copyright infringement” on the Sean Carey, Beau Golden and Jasmine Rae [Eldridge] song “When I Found You,” released in Australia by Rae in 2014 on ABC Records.
Filed on Wednesday (Jan. 10) in New York federal court, Carey and Golden will be represented by Nashville-based lawyer Richard Busch, noted for the “Blurred Lines” win, representing the family of Marvin Gaye.
Also named as defendants alongside the writers in the case are McGraw and Hill, record labels Sony Music and McGraw Music, in addition to publishers Sony/ATV, Kobalt, Universal Polygram, WB Music, and individual publishing interests of the writers.
The filing alleges the defendants have profited well in excess of $5 million from the Infringing Song and Sound Recording.
The filing goes in great detail and bases much of the impetus to pursue action on Rae’s boyfriend, Tim Holland, who is a marketing employee by Sony Music on the other end of the world in Sydney, Australia. Nevertheless, filing alleges access came from Holland, in addition to Sheeran’s touring schedule, which routed through Australia “when ‘When I Found You’ was enjoying its biggest success on the Australian airwaves.”
The filing says Rae—allegedly not in her own words to protect her boyfriend—chose to abstain from participating in any legal action against “the song’s recording artists … the owner of the recorded track master … or their record company, Sony Music Entertainment,” although she would be willing to make a claim and pursuing actions against the publishers and writers for a portion of the writer’s royalties.”
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