DECISION AND ORDERI. INTRODUCTION On September 25, 2017, Plaintiff Bennett McLoughlin commenced this action in the Northern District of New York against Defendant Erin Powers seeking monetary damages and injunctive relief under the Copyright Act and state law. See Dkt. No. 1-1. Presently before the Court is Defendant’s motion to dismiss for failure to state a claim. See Dkt. No. 15-1. For the following reasons, the motion is denied. II. BACKGROUNDBeginning in 2006, Plaintiff and Defendant recorded and performed music together. See Dkt. No. 1 at16. Plaintiff was the sole author of certain songs, and he co-authored other songs with Defendant. See id. In total, Plaintiff and Defendant composed approximately thirty songs together, which are divided into three different collections: “Pretty Green Eyes,” “Hopes and Dreams,” and “Seasons of Love.” See id. at19. On January 3, 2012, Plaintiff and Defendant registered those collections of songs with the United States Copyright Office. See id. at23. The copyright shows that Plaintiff is the sole owner of the copyrights for some songs, and the majority co-owner of the copyrights for the other songs. See id. at24; Dkt. No. 1-2.In 2014, Plaintiff helped Defendant register their musical compositions with Broadcast Music Inc. (“BMI”), a “performing rights organization.” See Dkt. No. 1 at27. In July 2014, Defendant changed the login information for her BMI account so Plaintiff was no longer able to receive any information concerning the registrations, and Defendant changed the ownership percentages to increase her royalties. See id. at32. When Plaintiff tried to submit compositions from their three collections to a separate “performing rights organization,” his registrations were rejected because they conflicted with Defendant’s BMI registrations. See id. at34. Throughout October 2015, Plaintiff attempted to contact Defendant regarding the registrations. See id. at35. Later that month, Plaintiff was contacted by a Deputy Albany Sheriff, who informed Plaintiff that Defendant filed a harassment complaint against him. See id. at36.Defendant has been profiting from Plaintiff’s compositions without sharing the profits with Plaintiff. See id. at39. Specifically, Defendant has used compositions authored or coauthored by Plaintiff to sell albums, distribute songs to streaming services, and engage in public performances. See id. at
