Spotify faces $1.6 billion lawsuit from music publisher alleging copyright infringement

Spotify is facing a $1.6 billion lawsuit from Wixen Music Publishing, the publisher that represents artists like Tom Petty, Missy Elliot, Stevie Nicks and Neil Young, The Hollywood Reporter first reported. The suit, filed December 29, alleges copyright infringement, specifically alleging Spotify is using thousands of its sungs without a proper license. The suit attempts at least $1.6 billion in damages and injunctive relief.

Before Spotify launched in the U.S ., the company made are dealing here with major record labels to obtain the appropriate rights to the sound recording copyrights in the ballads, the lawsuit countries. What Spotify failed to do, according to the lawsuit, was “obtain the equivalent rights for the compositions.”

The lawsuit goes on to say, “As a outcome, Spotify has built a billion dollar business on the backs of songwriters and publishers whose music Spotify is using, in many cases without obtaining and paying for the necessary licenses, ” the lawsuit alleges.

Wixen also alleges Spotify has “knowingly, intentionally, and repeatedly” reproduction those anthems over the internet to California residents.

This suit comes following a proposed $43 million settlement involving music rights holders and Spotify in a class-action lawsuit, Ferrick v. Spotify. That suit, Wixen alleges, “does not adequately compensate Wixen or the songwriters it represents.”

In that settlement, Spotify admitted to failing to obtain necessary statutory licenses to reproduce and/ or distribute musical compositions on its platform, the lawsuit says.

“Consequently, while Spotify has become a multibillion dollar company, songwriters and their publishers, such as Wixen, have not been able to somewhat and rightfully share in Spotify’s success, as Spotify has in many cases use their music without a license and without compensation, ” the lawsuit states.

I’ve reached out to Spotify and Wixen. I’ll update this story if I hear back. The example is Wixen Music Publishing, Inc. v Spotify USA.

//www.scribd.com/embeds/368281208/content?start_page=1&view_mode=&access_key=key-S6sOe6OWmqFsUSLfMu8M

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Airbnb beats big property landlords lawsuit in California

A California judge has rejected Apartment Investment& Management Company’s lawsuit against Airbnb. Last February, Aimco, which owns or manages about 50,000 properties, sued Airbnb, saying that the company is intentionally incentivizing people to breach their rentals .

Aimco, which filed the lawsuit in both California and Florida state tribunals, was seeking monetary damages as well as court orders to stop Airbnb from enabling people to breach their rentals. Aimco’s beef with Airbnb is that its platform brings people with “unvetted personal histories” with “no vested interest in maintaining a peaceful community atmosphere” inside their buildings.

In October, Aimco filed a motion for a preliminary injunction to halt Airbnb’s operations at four of its Southern California properties. Airbnb, however, was contended that Aimco’s ban on subleasing was not enforceable under California law.

Airbnb also argued that it can’t be held responsible for the conduct of Aimco’s renters and their guests. Citing the Communications Decency Act’s protection of website operators from liability for the content people post on their sites, Airbnb tried a dismissal of the lawsuit.

But Aimco argued Airbnb is an information content provider, which would attain Airbnb legally responsible for the content on its site. The tribunal, however, has concluded Airbnb is not an datum content provider, given that Airbnb simply hosts the content rather than creates it.

“This conduct does not stimulate Airbnb an info content provider, ” U.S. District Judge Dolly M. Gee said in her ruling. “As stated above, an information content provider is statutorily defined as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.”

Airbnb, of course, is pleased with the court’s decision, a spokesperson said in a statement to TechCrunch.

“The partnerships we have established with landlords have made it clear that home sharing can be a win-win situation for everyone, ” the spokesperson said. “The Airbnb Friendly Buildings Program permits renters to leverage their greatest expenditure to induce extra money and can create new economic opportunities for landlords. We are excited to have many such partnerships in place and we continue to see tremendous interest from forward-looking landlords and developers who understand that home sharing is going to be part of the answer, especially for Millennials who are facing historic debt.”

Aimco still has an active suit against Airbnb in Florida. As its spokesperson, Cindy Lempke , noted to TechCrunch, the court denied Airbnb’s motion to dismiss.

Regarding the California case, Aimco says it disagrees with the judge’s reasoning and application of the CDA.

“Airbnb is not a passive online platform, but an active and knowing participant in the illegal short-term rentals of our apartments, ” Lempke said. “Aimco has made the deliberate option to expressly prohibit short-term rentals to unaccountable Airbnb users who have not undergone our background screening, who cause interruption for our residents, and who are apt to treat our apartments like hotel rooms rather than homes. We will continue to do all we can to stand up for our residents, advocate for our private property rights, and relating to the upheaval caused by Airbnb.”

Below is a copy of the Gee’s dismissal.

//www.scribd.com/embeds/368274812/content?start_page=1&view_mode=&access_key=key-z70pmvI61teTbjmzvWiE

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Crunch Report | Benchmark Sues Travis Kalanick

Todays Stories

  1. Benchmark sues former Uber CEO Travis Kalanick
  2. SoundCloud saved by emergency fund as CEO steps aside
  3. Facebook buys computer vision startup focused on adding objects to video

Credits

Written by : Tito Hamze, John Mannes
Hosted by : Tito Hamze
Filmed by : Tito hamze
Edited by: Tito Hamze

Notes :

  • I dont know what to wear on Crunch Report( Its a hard decision and I suck at garmenting myself ). If you are a startup andwant to me to wear something mail me an XL T-shirt and Ill wear it in an episode. Im not going to mention the company on the shirt in the episode but it will be there. No offensive stuff, its entirely at my discretion if I wear it.Mail it to me. Thanks ❤ Ok, bye.

TechCrunch C/ O Tito Hamze
410 Townsend street
Suite 100
San Francisco Ca. 94107

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