MI2N
Music Industry News Network
FRIDAY, NOVEMBER 15TH
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Business News (more headlines) 10-14-2012

Arent Fox Wins Landmark $6.6 Million Copyright Damages Judgment In Song Lyric Infringement Lawsuit

Bookmark and Share
In a first-of-its kind case establishing liability for posting unlicensed song lyrics on a website, law firm Arent Fox has won $6.6 million in statutory damages on behalf of a group of leading music publishers against the operator of online music sites.

The damages were awarded to publishers Peermusic, Bug Music, Inc. and Warner Chappell Music, Inc., whose portfolios include copyrighted songs written or performed by such artists as David Bowie, Van Morrison, Bob Seger, Green Day and Ray Charles, among others.

In addition to setting $6.6 million in damages for willful copyright infringement, a judge in the U.S. District Court for the Central District of California imposed permanent injunctive relief for the plaintiffs as well as attorneys' fees and related costs. The case caption is Peermusic,III, LTD.,et al v LiveUniverse,Inc. and Brad Greenspan.

The publishers were represented by Arent Fox intellectual property partners Ross Charap and Paul Fakler, who have handled a number of cutting-edge cases involving digital music and the intersection of copyright and the Internet.

The case is the first to establish copyright infringement liability for displaying song lyrics on a website without a license from the song's copyright owner. Because plaintiffs established that Mr. Greenspan - one of the founders of MySpace - controlled the affairs of the corporate defendant, the defendants are jointly and severally liable for damages along with costs and attorneys' fees. They are also bound by the terms of the permanent injunction which will forbid either defendant from using all or part of any of plaintiffs' copyrighted musical compositions without first obtaining a license.

Plaintiffs were awarded $12,500 in damages for each of the 528 compositions cited in the lawsuit as having been posted by Mr. Greenspan on various websites under the umbrella ownership of LiveUniverse.

Among the songs whose copyrighted lyrics were displayed without permission were hits such as "China Girl" performed by David Bowie, "(Don't Go Chasing) Waterfalls" performed by TLC, "Wake Me Up When September Ends" performed by Green Day, "Moondance" performed by Van Morrison, "Old Time Rock and Roll" performed by Bob Seger, and "Georgia On My Mind" performed by Ray Charles. The Arent Fox attorneys note that the 528 songs are "merely representative of the millions of songs in the plaintiffs' respective catalogs. In addition, the three plaintiffs are merely representative of the thousands of music publishers whose works were infringed by the LiveUniverse websites."

Mr. Greenspan is no stranger to controversy and the courts. He was one of the founders and original investors in MySpace and received more than $60 million from the sale of that company to News Corp. He promptly challenged the sale, unsuccessfully, on the grounds that the company had been undervalued by management. At the same time, he founded LiveUniverse and created dozens of social media sites under the LiveUniverse umbrella, all of which subsequently failed. He also acquired the three illegal song lyric sites that were at the heart of this lawsuit.

Lyric sites are among the most visited destinations on the Web and generate many millions of dollars in advertising revenues. Many have entered into licenses with representatives of the music publishers in order that they may display copyrighted lyrics lawfully. Unfortunately, many others, like those in suit, refused licenses and continue to profit on the backs of the songwriters and music publishers who share revenues generated by the songs.

"One of the principal purposes of our lawsuit was to obtain a large statutory damage award which would serve as a warning to persuade illegal lyric site operators that it makes good business sense to become licensed and avoid having their site shut down and damages awarded against them," said Mr. Charap.

Mr. Fakler added, "In fact, at an earlier stage in the proceeding, we obtained a preliminary injunction from the Court, shutting down the infringing websites. When that decision was publicized there was a significant upturn in the licensing of previously illegal sites. We expect this multi-million dollar judgment to have a similar effect, to the benefit of publishers and the artists whose works they license."

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR


Micayla De Ette, Star Of The Upcoming Film Hold On, Releases Her New Single And Music Video "Write A Song", Featuring Flavor Flav

AWOLNATION Brings Fans "The Best" / Announces Tour With Andrew McMahon In The Wilderness

Pianist Luo Tingyuan Actively Advocates Cultural Exchanges On Classical And New Music - A Review For 'Young Professionals On Stage' Recital Series

Deadline Looms For Musicians - The 16th Annual Acoustic Music Awards

C Z A R I N A Releases Samurai Music Film "BLAZE: Dances Of The Yokai"

Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

New Jersey Rock Band Scores Endorsement And Big Shows



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» indieOn Connects Music To The Blockchain And Creates Better Experiences For Artists And Music Fans
» Roland Announces SRX KEYBOARDS Software Synthesizer For Roland Cloud
» Riptide Music Group And Armada Music Partner Up For Sync Representation In The US
» Set Before Us Reveal New Avalanche Music Video
» IRYNE ROCK RELEASES ‘YOU ARE MY SHEPHERD’ TO CHRISTIAN RADIO
» WORD UP! International Award Winning Songwriter Turns Her Pen To Inspirational Gospel Music While Retiring To The Superstars!
» OC’s The Shakes Featured On StacksFX Blog
» IES 18 Explodes With WARPED Kevin Lyman’s 1st Appearance After 24 Year Run
» Rick Vines Debut Release "So Happy!"
» STYX’S ROCK TO THE RESCUE EXTENDS A HAND TO VICTIMS OF DEVASTATING CARR FIRE IN NORTHERN CALIFORNIA WITH DONATION TO THE SHASTA REGIONAL COMMUNITY FOUNDATION


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Live Nation Electronic Asia Inks Deal With Budweiser For Creamfields Festivals
» Andy Ma Appointed Warner Music China CEO
» IndieOn Connects Music To The Blockchain
» The 2018 MIDEM Silk Road International Music Alliance Signing
» Screen Music Connect To Explore The Music Of Film, Television And Interactive Media
» Fred Casimir To Develop BMG's Global Recordings Business
» 13 Music Label Sold To MTN
» CISAC 2018 Annual Report
» MusicDish Announces A Love Electric 2018 China Tour
» Darcus Beese Named President Of Island Records
» Avant-Garde Label Maybe Noise Launches In Beijing
» Award-Winning Lithuanian Rock Band Colours Of Bubbles "She Is The Darkness" 2018 China Tour

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2018 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.