Peacock TV Didn't License Tracks Used in Beverly Hills Christmas 2, Says Complaint

NBCUniversal and Peacock TV reproduced, distributed and publicly performed Kazimir Boyle’s creative works and failed to account for profits and mechanical and performance royalties, alleged Boyle's copyright complaint Monday (docket 1:24-cv-00758) in U.S. District Court for Northern Illinois in Chicago.

Peacock didn’t obtain the appropriate licenses to publicly perform Boyle’s musical compositions and sound recordings in Beverly Hills Christmas 2 and the director’s cut version of the film, the complaint said. The defendants didn’t disburse Boyle’s share of the profits and royalties for the compositions and sound recordings as required under copyright law, it said.

In August 2017, Boyle, a resident of Oak Park, Illinois, relayed to the director of Beverly Hills Christmas 2 a folder of sample music tracks in mp3 format, said the complaint. Boyle told the director and producer that if any of his tracks were used, he would not charge a licensing fee and would send high-resolution audio files to replace the compressed files and create a “cue sheet” with song tracking details, it said. Boyle said he would send his standard license agreement once the musical tracks in the film were finalized, it said.

Boyle wasn’t informed that the film would be using his music, so no license agreement was entered into, “and no cue sheet was filed,” the complaint said. In May 2021, the producer called Boyle and sought confirmation that use of his works was licensed, it said. Boyle told the producer no license had been signed that would have authorized use of the infringed works, it said.

Boyle later discovered that at least 10 minutes of his music, covering 13 works and 24 “starts,” are embedded in the movie, said the complaint. Boyle hasn’t been paid, nor earned royalties generated from the streaming of his compositions and recordings in the films, it said. The duration of used tracks range from five seconds for "Sunrise" to one minute, two seconds for "I Have a Date," it said.

The plaintiff asserts claims of copyright infringement, accounting and unjust enrichment. He seeks a detailed accounting of all royalties and profits derived from the commercialization of his infringed works; payment of all royalties and profits due from unlicensed use of his songs; general or special damages; pre- and post-judgment interest; and injunctive relief, the complaint said.