Amended Claim
Docket number: 23-CCB-0235
Filed date: 09/14/2023 11:10 PM EDT
Filed date: 09/14/2023 11:10 PM EDT
United States Copyright Claims Board
Iosif G Mermelshtayn
Claimant
V.
300 Entertainment(Warner Music Group)
Respondent
Amended Claim
Claim details
A claim for infringement
No
Iosif G Mermelshtayn
Calabasas, CA
Authorized representative information
Iosif Mermelshtayn
Calabasas, CA
300 Entertainment(Warner Music Group)
Blissful Endings
Iosif Mermelshtayn
Yes
SR0000965237
06/23/2023
Sound recordings
An instrumental hip hop influenced track
Create a derivative work
For sound recordings, publicly perform the work through digital audio transmission
Publicly perform the work
Publicly display the work
Yes
7/17/2015
-
Present
Online streaming, records, and public performances.
***Amend: I have included a track with the Semi-tones increased by 1(that is half a note) and the Tempo slightly increased. This is to highlight the similarities of the tracks even further.
Sound recording clarification: I do in fact feel that my content was sampled by Fetty Wap and/or his team. They have either masked the original or slightly altered the recording, but my Sound Recording is heard throughout the tracks.
Access: The description of access states that "A work’s availability somewhere online is not enough to show that it was so widely distributed that the respondent’s access to it is reasonably likely." This statement implies that anyone who creates music independently, without a record label, has no chance against the record labels in any legal way. How many views constitutes access? 1,000? 100,000? 1,000,000? Anybody online can view and copy anyone else's music at any time. Merely being online and having views should be enough to constitute access, otherwise anyone without a large following can have their music copied with no legal remedy whatsoever. What constitutes access for online? What is the quantity? This is not specified, so should not be of concern in the case.
My work was online years before the release of "My Way." I was touring local shows with a band called Wall of Lions, we had many people coming into rehearsals listening to various tracks we made. My music may have easily slipped hands from someone I was working with. I do not know who, how, where but I do know that the similarities in our work is too much to ignore.
\Please refer to the new upload "Blissful Endings - Tempo Increase and Semi-tone change" for a more clear picture of the similarities.
Substantial Similarity: I have uploaded a new track Titled "Blissful EndingsBlissful Endings 1 Semi-tone increase, slight tempo bump".
In this track, I put my song against "My Way" in the music editor Logic Pro. I found that by increasing the Tempo slightly and increasing the Semi-Tones by 1(A semi-tone is Half a note), the two tracks strike an un-deniable resemblance. You can even play the two tracks on top of each other with slight adjustments and they work together. This is further proof that my sound recording was sampled, in some manner, and obfuscated slightly.
For more clarity on "Substantial similarity":
If we separate a song into parts, "Blissful endings" has the following:
Piano, Bass-line, Drum Loops, Main melody(song/vocals) which is played by Chimes in "Blissful Endings"
The Piano in "My Way" is using a chime-like sound, but features the same notes in the same pattern but 1 semi-tone higher.
The bass-line in "My Way" is a bit heavier and modulated, but features the same movement and notes as "Blissful Endings".
The Drumbeat for "My Way" is differs from "Blissful Endings", but some of the hi-hat effects are similar.
The Main Melody that Fetty Wap sings is the same as the "Chime Piano Melody" in "Blissful Endings"
The final production in "My Way" is 1 semi-tone higher and at a slightly faster tempo, but the main underlying musical elements come together in an almost identical fashion. One guitar riff, one drum loop, one vocal line etc. can all be done independently in music. There are many keys and many notes that are similar to another, without any copying occurring. However, in this case, there are so many elements coming together at one time that it cannot be left to "coincidence".
The song "My Way" has multiple elements resembling my song "Blissful Endings".
In music, there are many cases where similar sounds happen inconsequentially from one another. However, in this case, Blissful Endings has multiple elements that are coincidental with the track My Way. The drums, piano melody, main melody(vocals) and bass line are all strikingly similar. The end of My Way features a piano being played on its own, which sounds nearly identical to Blissful Endings.
No
I have been mentally disturbed by the inability to fight this infringement. ECCB has given me hope that I can proceed and have the claim heard in court. My music passions and careers have been in a mental state of helplessness, and I am seeking some type of monetary re-course for my work being used. I do not have any specific dollar amount or royalty percentage that I am looking for, but that is the relief that I would like. My name listed in some form of credit is a secondary goal of mine. I feel that work should be compensated, and work being used without any recognition or compensation is a serious infringement which leads to situations like mine.
