In May of 2016, “Cruz for President” and its ad agency (together “Cruz”) were sued by a music downloading website and two artists (collectively “Leopona”) for breach of contract and copyright infringement. Cruz downloaded two songs from Leopona, “Lens” by Sarah Schachner and “Fear of Complacency” by Brad Couture. Leopona, Inc. v. Cruz for President, 2016 WL 3670596 (W.D. Wash. July 11, 2016). Cruz agreed to a Small Business License agreement at the time of download. The license expressly prohibited either song from use “for political purposes” and “in any broadcast.” Further, the license provided for a payment of $25,000 in liquidated damages for each breach. Cruz used the songs in two campaign ads, both of which were published on YouTube, accumulating thousands of views. The “Lens” ad was also broadcasted on Fox Business News 86 times.
