Label and distributor alleges that Create Music Group is preventing it from monetizing Swell’s “I’m Sorry”
Cinq’s lawsuit, in contrast, involves copyright infringement claims related to one of the more elusive figures in modern music:songs . Swell samples Shiloh Dynasty on “I’m Sorry,” which was originally released back in 2016, looping a brief snippet of guitar and voice over a head-nod hip-hop beat.
Acknowledging that Shiloh “works with” Create,” Cinq’s filing alleges “there is an agreement in place between the artists [Swell and Shiloh Dynasty] for the clearance of the sample used in Swell’s song” that dates back to January 2017. Cinq’s complaint alleges that, even though the company notified Create of that alleged agreement, Create is acting as if Swell did not clear the Shiloh sample and issuing copyright infringement notices against “I’m Sorry.
Cinq’s complaint alleges that Create “has been put on notice multiple times that the track in question does not infringe its artist’s copyright.” “Despite this,” the lawsuit claims, Create “has failed and refused to remove these copyright strikes, which have been improperly placed, and is thus impeding and interfering with Plaintiff’s ability to monetize the music of its artist Swell.
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