Suit Against Ted Cruz's Long-Gone Campaign Over Song Use to Go Forward

Senator Ted Cruz, 2015
Heidi Gutman/CNBC

Senator Ted Cruz (R-Texas) on July 15, 2015 at the Pierre Hotel in New York.

A suit brought against the campaign of former presidential candidate Ted Cruz over two songs will go forward, a judge ruled this week in Seattle.

Audiosocket, a company that curates licensable songs for use in projects, sued the Cruz campaign and ad agency Madison McQueen in May for using the two songs in campaign commercials, usage of the music that the company says is expressly prohibited in the licensing agreement between Madison McQueen and Audiosocket (and by extension, the songs' creators). 

Breach of the contract potentially puts Madison McQueen on the line for $25,000 per breach, which counts political and broadcast usage separately. Actual damages in the case, if any, will be determined at trial.

The Cruz campaign's motion to dismiss the suit was rejected by Chief US District Judge Ricardo S. Martinez. "At this stage of the proceedings," Judge Martinez writes, "all that is necessary is that Plaintiffs have pleaded a plausible claim. They have done so."

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