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2 December 2016Copyright

Porsche named in copyright complaint over sports car advert

Porsche has been named in a copyright infringement complaint by a US music publisher, in a case centring on a song called “Jungle”.

Songs Music Publishing (SMP) filed its lawsuit at the US District Court for the Middle District of Tennessee on November 25.

The suit concerns the alleged infringement of the song “Jungle”, which is written by Sam Harris, Alexander Grant, Michael Gonzalez, and Jamie Commons, and performed by US rock band X Ambassadors.

X Ambassadors consist of Harris as lead vocalist, Casey Harris on keyboard, Noah Feldshuh, who plays lead guitar, and Adam Levin on drums.

SMP argued (pdf) that Porsche committed direct, contributory and vicarious copyright infringement of the song.

Porsche allegedly infringed the song in an advertisement created for its 718 Cayman sports car. The advert was released in spring this year.

“Jungle” is registered at the US Copyright Office.

According to SMP, which owns the copyright to the musical composition of “Jungle”, Porsche “attempted to cash in on X Ambassadors’ proven successful work in creating the 718 advertisement”.

SMP alleged that Porsche and advertising agency Cramer-Krasselt, another defendant, worked together to create an advert which “quantitatively and qualitatively” copies “important portions of ‘Jungle’”.

The music publisher added that the advert constitutes blatant copyright infringement and was used by the defendants to “help sell automobiles”.

Porsche allegedly “copied the original drum rhythms” from “Jungle” and the “kick/snare patterns are substantially similar, and in some measures identical”, according to the suit.

“The sheer number of substantial similarities between ‘Jungle’ and the 718 advertisement negate any suggestion of independent creation,” the music publisher added.

SMP is asking for statutory damages up to the maximum of $150,000 for each infringement, costs, pre- and post-judgment interest, attorneys’ fees and a trial by jury.

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