Michelle Phan Strikes Back at Ultra Records with Countersuit

/ Sep 18, 2014

MichellePhan

Back in July, Ultra Records sued YouTube beauty guru Michelle Phan for using the label’s music without a license. Now, Phan is striking back against the copyright suit with a countersuit.

Phan’s countersuit, filed by law firm Grodsky & Olecki LLP in California district court on Thursday, September 18, claims that Ultra’s senior new media manager, Jason Kilgore, gave her permission to include songs from the label in her videos back in 2009. According the counterclaim, Phan believed that Ultra entered into an agreement with YouTube to use its Content ID system.

The counterclaim further states Ultra allowed Phan to use its songs to help increase their sales on iTunes by including links to the Apple music store with her videos, including notes that Kilgore thanked Phan for the use of the label’s music. Phan is also seeking damages from Ultra based on the “fraudulent” nature of their lawsuit.

Phan included music from Ultra artists like Kaskade in her makeup tutorial videos. Back when the label’s suit came out in July, Kaskade stood by Phan, tweeting messages that showed his support for the fellow artist.

With nearly 7 million subscribers to her YouTube channel, Phan was featured in the platform’s multi-media ad campaign before it turned to Vice News and “Epic Rap Battles of History.” In early May, the makeup artist signed a deal with Endemol Beyond USA to work on the growth of the For All Women Network (FAWN).

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