Swift’s lawyers say that more than a year before the park filed the lawsuit, TAS was warned that the singer’s songs were being performed and played there without the necessary licenses. As early as 2019, BMI, the performance rights organization that protects and raises revenue for the works, began to inform the park that they were infringing Swift’s copyright by playing the songs and providing a contract for legal use. Subsequently, BMI sent several letters to the park with a draft music license agreement for the songs, requesting that the contract be signed and returned to BMI’s Nashville location.
Swift’s legal team said park officials ignored BMI messages and continued to use the works without proper licenses in presentations by park musicians to visitors. In addition, after the park learned of this impending process, its CEO and founder Ken Bretschneider called BMI seeking to buy a retroactive license to cover all public presentations, according to court documents.
Swift’s lawsuit comes three weeks after the park sued the singer, TAS and Taylor Nation LLC in Utah’s federal court, accusing them of infringing the park’s name by using it as her title Ever album and accompanying merchandise. Evermore Park, which presents itself as an immersive experience where performers portray fantasy characters in an interactive world, argued in court documents that it has been the registered owner of the Evermore brand since 2015.
Swift’s attorneys contested that the park lawsuit was just “a meritless trademark claim” and an attempt to force an agreement based on Swift’s December 2020 release of ever album.
The park is also playing, without licenses, the works of Katy Perry, Abba, The Beatles, Billy Joel, Britney Spears, Green Day, Gotye, Journey, Nirvana, Semisonic, Third Eye Blind, Tom Petty, Queen, Weezer and Whitney Houston , among others, according to court documents submitted by Swift’s legal team.
Swift is asking the court to order the park to pay damages and be permanently banned from touching his works. Your team also requires a jury trial.