×

Tom Petty, Kenny Rogers, Anthony Perkins, More Slam Spotify’s Proposed $43 Million Licensing Settlement

As Spotify continues to clear the decks for an expected public offering this year or next, it has hit another potential roadblock.

In May, the company proposed a $43 million settlement in an effort to resolve any claims that the company hasn’t paid proper mechanical licenses for song compositions. That deal is still awaiting a judge’s approval.

In a court filing dated Tuesday, an unusual collection of musicians including Tom Petty, Kenny Rogers, Weezer frontman Rivers Cuomo, Sonic Youth’s Kim Gordon, David Cassidy, Black Keys frontman Dan Auerbach, actor (and occasional classical composer) Anthony Perkins and many others slammed the $43 million proposal (the news was first reported by The Hollywood Reporter).

“The Settlement Agreement is procedurally and substantively unfair to Settlement Class Members because it prevents meaningful participation by rights holders and offers them an unfair dollar amount in light of Spotify’s ongoing, willful copyright infringement of their works,” the filing reads in part. It also claims that after attorney fees, the $43 million is down to $28.7 million.

“According to its own publicity, Spotify has about 30 million songs,” it continues. “If as few as one-quarter of those songs, 7.5 million, were unlicensed then, taking the $28.7 million left in the Settlement Fund after attorneys’ fees are paid and dividing that number by 7.5 million songs, the result is a settlement payment of $3.82 per infringed song. As the Court is well aware, Spotify faces potential liability of up to $150,000 per infringed composition for willful infringement and $30,000 for nonwillful infringement, plus attorneys’ fees and costs. While a discount of some amount is to be reasonably expected as part of a compromise settlement, the discount potentially afforded Spotify in this case is a 98.7% discount for nonwillful infringement and a discount for willful infringement so close to 100% as to give Spotify a practical free pass on willful infringement.”

Less than $4 per song is a strong number to rally the troops, and not insignificantly, the first artist named in the filing is singer-songwriter Melissa Ferrick, who with Cracker frontman David Lowery has been one of the lead instigators in the royalty battle against Spotify. Their class-action suits were settled by the $43 million fund in May — but apparently, not permanently.

More Biz

  • John FordNPact Awards, Show, Los Angeles,

    John Ford to Exit as Head of Unscripted Producers Trade Association NPact

    John Ford has stepped down as general manager of NPact, the trade association that represents unscripted TV producers. Ford is exiting the post he’s held since 2015 because of the potential for conflicts of interest arising from his role as head of programming for digital multicast outlets Justice Network and Quest Network. The channels were [...]

  • Woodstock 50 Applies for Vernon Downs

    Woodstock 50 Applies for Vernon Downs Permit Yet Again

    For better or worse, Woodstock 50 isn’t giving up on Vernon Downs, despite being rejected twice already: The producers have applied for another permit to hold the festival at Vernon Downs, according to the Utica Observer Dispatch. Town Attorney Vincent Rossi confirmed the application was submitted Wednesday. This is the festival’s third application; previous applications [...]

  • Bert and Ernie

    Sally Field, Linda Ronstadt and 'Sesame Street' Among 2019 Kennedy Center Honorees

    Sally Field, Linda Ronstadt, “Sesame Street,” conductor Michael Tilson Thomas and R&B veterans Earth, Wind and Fire have been selected as the 2019 Kennedy Center Honorees. The kudos will be handed out Dec. 8 at the Kennedy Center Opera House in Washington, D.C. The award to “Sesame Street” marks the first time the prestigious laurel [...]

  • Jeffrey Epstein

    Jeffrey Epstein Denied Bail in Sex Trafficking Case

    Jeffrey Epstein, the high-living financier who partied and traveled with Hollywood stars and world leaders, has been denied bail. The multimillionaire businessman is accused of sexually abusing underage girls as young as 14 years old and collecting child pornography. Prosecutors argued successfully that Epstein’s wealth made him a serious flight risk. He faces up to [...]

  • AWAL Names Bianca Bhagat as Senior

    AWAL Names Bianca Bhagat as Senior VP, Synch & Brand Partnerships

    AWAL, Kobalt’s recorded music company, announced the hiring of Bianca Bhagat as senior vice president, synch & brand partnerships. Based in Los Angeles, she will oversee AWAL’s global synch & brand partnerships team, pursuing creative marketing opportunities for the AWAL roster, according to the announcement. Most recently with Glassnote, leading the Film and TV department [...]

  • iheartmedia logo

    iHeartMedia Stock Drops in NASDAQ Debut

    Shares of iHeartMedia, the U.S.’s biggest radio network, fell as much as 7% after they commenced trading Thursday on the NASDAQ Global Select Market, and ended the day down around 3%. Last month, after exiting a year-long bankruptcy reorg, iHeartMedia announced it was approved for listing on NASDAQ, instead of pursuing an IPO. The company’s [...]

  • Netflix Reed Hastings

    Netflix Shares Dive After Q2 Stumble: Just a Hiccup or Sign of Bigger Trouble?

    Netflix badly undershot its subscriber forecasts for the second quarter of 2019 — posting its first net U.S. customer decline since 2011 while growth slowed considerably overseas. The company added 2.7 million subs worldwide, almost half as many as the 5 million it had projected. With the big miss, Netflix shares took a predictable hit, [...]

More From Our Brands

Access exclusive content