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12 January 2018, 05:00 | Regina Holmes
Image courtesy of ABC Image Group LA
The plaintiffs are asking for a judge to award a permanent injunction blocking the use of the song, and are seeking at least $5 million in monetary damages, according to the newspaper.
"The copying is, in many instances, verbatim, not-for-note copying of important and original elements of the song, and is obvious to the ordinary observer", the complaint states.
Sony comes in for particular criticism, with the lawsuit claiming that staff at the company were well aware of the similarities between the two songs. Their suit names McGraw, Hill, Sheeran, McDaid, Wadge and Mac, as well as Sony / ATV, Universal Polygram, WB Music and more, and alleges that Sony employees knew about the copying.
And there's more. "The Tennessean" also reports that there is a personal connection between Sony and the performer of "When I Found You", a singer named Jasmine Rae.
"Specifically, "When I Found You" and "The Rest Of Our Life" are substantially similar in bars 1-8 of both songs", the lawsuit says.
"He works directly with the Tim and Faith label team in Nashville", Rae wrote in an email to Carey and Golden, according to the lawsuit.
Sean Carey and Beau Golden filed their lawsuit in NY federal court on Wednesday (Jan. 10), the Hollywood Reporter reports.
Rae was informed of the songs' similarities after a tweet from a fan caught her attention.
The complaint, which was filed on Wednesday (January 10), alleges that the 2014 song was knowingly ripped off.
"Indeed, it strains credibility to believe that it is just a coincidence that the Infringing Song/Infringing Sound Recording, a blatant note for note copy of the Song, was created without Mr. Holland's providing access, when Mr. Holland is the boyfriend of one of the writers of the Song", the legal filing says.
Rae initially told her collaborators that she would be open to sue the songwriters and publishers of "The Rest of Our Life" but not Sony or McGraw and Hill, according to the lawsuit.
An alternative theory of access is also provided in the complaint in that Sheeran was allegedly touring extensively in Australia when "When I Found You" was enjoying its biggest success on local airwaves.
"The Rest of Our Life" has 9.6 million YouTube views and over 8 million streams on Spotify. Sony Music declined comment.
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