${site.data.firmName}${SEMFirmNameAlt}
P619-238-4900

Recent infringement suit is the latest legal hurdle for Spotify

Music lovers in San Diego helped Spotify begin 2018 with an estimated 70 million users. However, January has seen the content-streaming company dealing with an even bigger -- but much less desirable -- number. The rights owner of a catalog including songs from Tom Petty, the Doors and Mariah Carey has initiated intellectual property litigation against Spotify, asking courts for some $1.6 billion in compensation.

Wixen Music Publishing filed suit in December 2017 alleging improper use of an estimated 10,000 songs from Wixen's holdings. Copyright litigation and accusations of copyright infringement have dogged many streaming media companies, and in this lawsuit, Spotify is being hit for $150,000 for each individual song it allegedly infringed.

This is not the first time that Spotify has found itself the target of copyright litigation from a major media rights holder. In 2016, the company reached a settlement in action brought by The National Music Publishers' Association over unpaid and unmatched royalties. Later that year, the company settled a different copyright infringement suit with the establishment of a $43.4 million fund to compensate holders for payments of "mechanical royalties."

Two new court challenges by Wixen and another party refusing to take part of that settlement claim that the $43.4 million is "grossly insufficient" as compensation to artists and other rights holders claiming infringement. Responding in a memo, Spotify's lawyers hold that the company is not liable because streaming does not technically reproduce copies of sound recordings or distribute copies of sound recordings or other compositions, and thus mechanical royalties are not owed by the company.

Rights holders going through issues involving intellectual property may want to hire a lawyer. An attorney experienced in copyright disputes, patent infringement or other intellectual property areas could offer valuable assistance.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm In San Diego, California

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Mazzarella & Mazzarella LLP
2550 Fifth Avenue, 9th Floor
San Diego, CA 92103

Phone: 619-238-4900
Fax: 619-238-4959
San Diego Law Office Map

Review Us
  • AV Preeminent 2017
  • Lawyers.com