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Lee Mendelson Film Productions, owner of the iconic music from Peanuts, has filed multiple lawsuits in federal courts in New York and Washington. D.C., including one against the Department of the Interior, based on unauthorized use of the famous tunes recorded by Vince Guaraldi for the popular animated classic. Mendelson brought four separate lawsuits based on the use of the jazz compositions in social media posts and in a video game.
Who Lee Mendelson Film Productions Is Suing
In these lawsuits, Mendelson asserts that the U.S. Department of the Interior used the song "O Tannenbaum" from "A Charlie Brown Christmas" in a digital holiday card posted to social media. Similarly, the film company maintains auction house Heritage Auctions used "Linus and Lucy" – the Peanuts’ gang’s favorite dance song that has become the de facto "Peanuts" theme –in posts on Facebook and Instagram promoting an auction of collectible items and that buckle company Buckle-Down, Inc. also misused the iconic music on social media. In the fourth suit against Game Mill Entertainment, Mendelson alleges the gaming company used confusingly similar music in its “Peanuts” video game, “Snoopy & the Great Mystery Club.”
Marc Jacobson, counsel for Mendelson, has commented that Mendelson sent demand letters “over and over again” seeking to halt the infringement but either did not receive a response or the response offered demonstrated no remorse. Jacobson reports the first four lawsuits were filed to make a statement and that others may follow if Mendelson’s demand letters are not heeded.
Why Copyright Infringement Is Strict Liability — Intent Doesn't Matter
The dominant claim in these four suits is copyright infringement—a strict liability offense (meaning no wrongful intent is necessary to establish liability) that supports sturdy damages awards, as well as a potential that the prevailing party will also recover his attorneys’ fees in bringing the suit. Under the Copyright Act, a prevailing plaintiff may recover actual damages, typically the defendant’s ill-gotten gains and any additional losses of the plaintiff, or statutory damages, which range from $750 to $150,000 per copyrighted work.
Potentially adding to the strength of Mendelson’s claims is the fame of the musical works at issue. Vince Guaraldi was commissioned to compose the music in 1965 and both “O Tannenbaum” and “Linus and Lucy” are easily recognizable worldwide. We expect these suits to settle prior to trial, but will keep an eye on all four for further developments.
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