08/16/2026
I have not been loud enough or vocal enough about this lawsuit especially now that it is in the Southern District of New York case number
1:26-CV-05317-AT
original case number
3:25-CV-02363-X
Time to make my voice
LOUDER SO THE WORLD CAN HEAR AND SEE WHAT IT IS THAT THEY ARE REALLY DOING
on August 5,2026 Empire filed it “Answer/Counter Claim to Tulsa Nights Amended Complaint/Exhibits A through N
what the “Amended Complaint” (dkt 48) said:
line 16. On August 8, 2025, Empire submitted a false DMCA takedown through Spotify,
under penalty of perjury, four days before the scheduled release (Exhibit I).
line 18. On August 15, 2025, Spotify removed the work based on Empire’s DMCA; this is
when Plaintiff contacted Defendant Vydia through Linkedin and Defendant Spotify through email
(Exhibits I - J).
line 19. On August 18, 2025, Plaintiff submitted a valid counter DMCA notice with full
ownership documentation with Defendants Empire, Spotify and Vydia all CC’d in email .
line 23. On August 21, 2025, Plaintiff sent a second counter DMCA notice with all defendants
CC’d in email and a formal demand email, providing a full chain of title, and demanding
reinstatement (Exhibits I through K). Defendants Spotify, Vydia and Empire failed to respond.
Empire answer/counter claim (dkt 95) to the Amended Complaint and its Exhibits are as followed with major inconsistency between “ANSWER/COUNTER CLAIM
Empire Answer:
line 16. Defendant “DENIES” the allegations in paragraph 16 of the Amended Complaint.
Defendant states Exhibit I speaks for itself. Mo3 entered into the Recording Agreement with Empire whereby Empire was granted the exclusive right to exploit master recordings embodying Mo3’s performances and therefore Plaintiff had no right to release “Tell Me Why” without Empire’s consent.
line 18. Defendant lacks information and belief sufficient to either admit or deny the
allegations in paragraph 18 of the Amended Complaint. Defendant states Exhibits I and J speak for themselves
line 19. Defendant “DENIES the allegations in paragraph 19 of the Amended Complaint.
line 23. Defendant denies the allegations in paragraph 23 of the Amended Complaint.
Defendant states Exhibits I through K speak for themselves.
Now this is where Empire contradicts their-self in the same filing within the “COUNTER CLAIM” section of their filed Answer/Counter Claim (dkt 95) to Tulsa Nights Amended Complaint
Empire Counter Claim:
line 33. When Tulsa Nights created “Tell Me Why,”
line 34. On August 8, 2025, Empire issued a DMCA takedown notice for “Tell Me Why” in advance of the scheduled release
line 37. On August 18, 2025, Plaintiff accused Empire via email of committing perjury and
submitting a false DMCA notice.
Everything provided contradict the other within Empire Answer/Counter Claim
Empire “DENIES” line 16 in answer then “ADMITS” line 34 in counter claim with in the same filing dkt 95
Empire “DENIES” line 19 in answer then “ADMITS” line 37 in the counter claim with in the same filing dkt 95
This is part of what is within “Exhibit I” where Empire “DENIES” receiving email in its “ANSWER TO AMENDED COMPLAINT”
Exhibit I : CC EMAIL
Re: DMCA - "Tell Me Why"
2 messages
from: Tulsa Nights Entertainment Group Inc
To: David Siss
Cc: [email protected],
Dickey Thompson ,
[email protected]
Mon, Aug 18, 2025 at 2:03 PM
Empire has committed perjury and submitted a FALSE DMA because I have documentation that Tulsa Nights Entertainment Group Inc is the rightful owner of said song and composition and demand that Empire reverse its actions immediately
I have the original recording session as well 1 paid Melvin A Noble and Hylan Starr for "WORK FOR HIRE" for their verses for the song Tell Me Why and Tulsa Nights Entertaintainment Group Inc is the rightful owner of the song titled "TELL ME WHY" performed by Tra8 featuring Mo3 and Hylan Starr the IRSC QZMCE2000026, QZMCE2000030 is registered to TULSA NIGHTS ENTERTAINMENT GROUP INC I need this release back Active and live and request for Vydia to counter the DMCA for Perjury
I has came to my attention that Vydia has downgraded a release that Tulsa Nights Entertainment Group Inc has well over $20,000 invested into whom also owns the rights to the verses from Hylan Starr and Mo3 on the single release TELL ME WHY I have spoken with all parties and each has denied having the release downgraded I need this release place back on all DSP's immediately have documentation that TULSA NIGHTS ENTERTAINMENT GROUP INCis the rights owner and one of their Artist TRA8 whom this release is attached to who also distributes its music through your platform GAMMA/VYDIA
TRA8, MO3, HYLAN STARR - TELL ME WHY
2 messages
from: Tulsa Nights Entertainment Group Inc
Mon, Aug 18, 2025 at 12:00
To: [email protected]
Cc: [email protected]
This email is a counter DMA and is demanding that Spotify make the release TELL ME WHY with IRSC CODE QZMCE2000026 UPC-764656470869 I have proof that Tulsa Nights Entertainment Group Inc is the rightful owner and copyright holder to said song A FALSE DMA was submitted which is a form of Perjury and advice SPOTIFY to correct its mistake of striking down the release and have it go back LIVE immediately
This is what the “DMCA ACT” says in order to submit a DMCA TAKE DOWN
The Exact Statutory Requirement
17 U.S.C. § 512(c)(3)(A)(vi) requires the takedown notice to include a statement that:
“The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed.”
Applying It to Empire
1. Element - Owner of the copyright
Does it fit Empire? - No
Why - Empire does not claim copyright ownership. Its Answer acknowledges Tulsa Nights created the song. The 2019 agreement expressly leaves ownership with the Artist and only licenses defined “Content.” limited to what is listed on “SCHEDULE A ONLY” and TELL ME WHY was never apart of this agreement NOR was it a MO3 song he was ONLY A FEATURED ARTIST ALONG WITH HYLAN STARR
2. Element - Owner of an exclusive right that is allegedly infringed
Does it fit Empire? - No
Why - The exclusive rights under the Copyright Act (§ 106) belong to the copyright owner. Empire has no exclusive license to TELL ME WHY master only Tulsa Nights does who is the Sole owner
3. Element - Authorized to act on behalf of the owner
Does it fit Empire? - No
Why - the actual copyright owner is Tulsa Nights not Empire nor MO3
What This Means
When Empire sent the DMCA notice, it had to declare under penalty of perjury that it was the owner (or authorized agent of the owner) of the copyright or of an exclusive right that was being infringed.
On the record:
• Empire was not the copyright owner.
• Empire did not hold an exclusive right under the Copyright Act in “Tell Me Why.”
• Empire was not authorized by the actual owner to act.
That is exactly the territory of a knowing material misrepresentation under 17 U.S.C. § 512(f). Section 512(f) creates liability for any person who knowingly materially misrepresents that material is infringing
