Mike Caren’s indie music company APG has sued Create Music Group, claiming that Create engaged in “brazen thievery” of APG’s songs and recordings.
In a complaint filed with the US District Court for the Central District of California on Tuesday (January 21), publisher Artist Publishing Group, label Artist Partner Group, and distributor Release Global LLC alleged that Create Music Group claimed the copyrights on YouTube videos of works owned or licensed by APG.
The complaint also alleges that Create has “made a weak and unavailing attempt to justify their copyright infringement of [APG’s] recordings and compositions by entering into bogus ‘contracts’ with certain artists who created these recordings and compositions” – knowing they were already signed to APG.
“Create claims to have revolutionized the music industry by developing a new ‘business model.’ In truth, Create’s ‘business model’ is to steal the intellectual property and contractual rights of innocent rightsholders such as [APG],” stated the complaint, which can be read in full here.
Create has rejected the allegations, calling them “legal theatrics” meant to impede Create’s business.
“In response to the recent lawsuit filed by Artist Partner Group (APG), we at Create Music Group (CMG) find ourselves in a situation reminiscent of a classic piece of vinyl — spinning in circles over outdated grievances,” a Create spokesperson said in a statement.
“We believe that APG, a legacy player in the industry, is struggling to adapt to the digital age and has resorted to legal theatrics in an attempt to slow down our innovative momentum.”
The Create spokesperson added: “Our advanced technology and forward-thinking approach have consistently empowered artists, ensuring they receive the recognition and compensation they deserve in today’s fast-paced music landscape. APG’s claims are not only unfounded but also indicative of an organization clinging to antiquated methods.
“We remain confident in our position and are committed to continuing our mission of revolutionizing the music industry for the betterment of artists and fans alike. As the saying goes, ‘You can’t stop the beat,’ and we at CMG are dedicated to keeping the music playing, no matter the noise from the sidelines.”
APG was founded and is run by successful industry veteran Mike Caren.
Caren completed the sale of the catalog of APG’s recorded music sister company, Artist Partner Group, also abbreviated to APG, to Warner Music Group in 2020.
Meanwhile, as reported by MBW in June last year, Create Music Group completed a USD $165 million minority investment funding round in 2024, which valued the company at $1 billion.
“Create’s exorbitant valuation has been built off the back of its massive, willful copyright infringement and its widespread, tortious interference with third-party contracts,” APG’s complaint alleges.
“We… are committed to continuing our mission of revolutionizing the music industry for the betterment of artists and fans alike.”
Create Music Group
APG is asking the court to award it the income from the allegedly infringed songs and recordings, as well as punitive damages and compensation “for the increase in [Create Music Group’s] market valuation that is attributable to their theft of plaintiffs’ intellectual property.”
In its complaint, APG alleges that Create Music Group “actively” seeks out music uploaded to YouTube by third parties, and for which no one has yet filed a claim of rights with the platform.
“Defendants then falsely file claims with YouTube in which [they] baselessly assert that they own rights in these sound recordings and compositions,” the complaint states, adding that Create has uploaded music owned by APG to Spotify, Apple Music, and YouTube.
To justify this, the complaint alleges, Create convinced artists and songwriters to sign “bogus” contracts, despite already being signed with APG.
“Create and its subsidiaries [The Nation LLC and Lowly Palace LLC] wrongfully induced these artists to sign these bogus ‘contracts’ by falsely asserting that [APG companies] were purportedly doing a bad job exploiting their works and leaving money on the table (thereby damaging [APG’s] reputation),” the complaint alleges.
“Create claims to have revolutionized the music industry by developing a new ‘business model.’ In truth, Create’s ‘business model’ is to steal the intellectual property and contractual rights of innocent rightsholders such as [APG].”
APG, in a legal complaint
Among the APG-signed artists alleged to have signed “bogus” contracts with Create are rapper/singer/songwriter Cico P., along with rappers Sdot Go, Jay5ive, Jay Hound, and Baby Kia, the complaint states.
“Defendants communicated directly with at least some of these artists to induce them to sign these bogus ‘contracts,’ even though [Create] were fully aware that these artists have attorneys and managers who handle their business and legal affairs,” the complaint added.
Appended to the complaint is a list of 143 recordings and 31 compositions that APG alleges were violated by Create Music Group. Among them are Jay Hound and Jay5ive’s UKRAINE, Sdot Go’s Free G, and lil freak from bbno$.
The complaint also accuses Create of plagiarism, asserting that the company ripped off VaporGod’s recent hit Diamondz n Roses with a track titled Montagem Diamante Rosa. After being notified by APG of the alleged infringement, Create “hatched a failed scheme to attempt to confuse plaintiffs” by releasing altered versions of Montagem, the complaint alleges.
The complaint includes sheet music comparing Diamondz n Roses with Montagem, which appears to show similar patterns within the two compositions:
Music Business Worldwide
Article by:Source:
