Comerica Bank & Trust, NA as Personal Representative of the Estate of Prince Rogers Nelson v. Habib (17-cv-12418).

  • December 9, 2017

Comerica Bank, appointed by the probate court as the Personal Representative of the estate of Prince, sued Massachusetts resident Kian Andrew Habib over videos posted by Habib on YouTube that included live recordings of several Prince-written songs, including 201cNothing Compares 2 U, 201d 201cGlam Slam, 201d and 201cSign o 2019 the Times. 201d The complaint alleges that these videos were posted for commercial purposes, including at least advertising revenue generated by views of the videos by YouTube users, and that this commercial use negatively affected the value of the Prince estate by taking away from revenues legitimate Prince videos could realize. YouTube removed the videos in response to a take-down notice. In response, Habib provided a counter-notification pursuant to 17 U.S.C. 512(g), contesting their removal. Comerica filed suit to prevent the videos from being reposted, and seeks damages and attorneys 2019 fees as well as injunctive relief. (Full Disclosure 2013 Comerica is represented by members of my firm, Lando & Anastasi).

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