After an accusation from Evermore Park that Swift infringed their trademark with her new album and song “Evermore” (by calling her latest album “Evermore” and by selling merchandise that infringed the park’s trademark rights), Taylor Swift is striking back with a copyright infringement claim.
Apparently, the company that just sued Swift for trademark infringement had for years been infringing Swift’s own intellectual property rights (copyright) by performing her songs at its park without a proper license.
Apparently, Evermore is not a typical theme park. There are no rides and the park is filled with actors around the park, portraying fantasy characters, in a Renaissance kind of vibe, while performing modern songs by Katy Perry, Semisonic, and Third Eye Blind. Curious combination to say the least.
Starting in 2019, performing rights organization BMI learned that part of an Evermore player’s job was to perform copyrighted songs for park guests. For reasons unknown, park representatives seemed to have ignored BMI’s requirement to obtain a public performance license for nearly two years.
Apparently, after being made aware that Taylor Swift was tipped off, the park manager tried to contact BMI to regularise the situation. But it was already too late.
Taylor Swift is now seeking a separate set of damages for every time one of her songs was performed at Evermore Park.