Some of the major providers of digital music, which include Apple, Google, and Sony, have been hit with lawsuits relating to music that was produced before 1972.
A total of seven lawsuits have been filed against Apple’s Beats Music, Google, Sony Entertainment, Rdio, Slack, and more.
These lawsuits are claiming that the companies are offering digital radio services for pre-1972 tracks that they apparently do not have a license for.
The proposed class actions are being led in California federal court by Zenbu Magazines, which says it owns older sound recordings created by The Flying Burrito Brothers, Hot Tuna, and New Riders of the Purple Sage.
The lawsuits are claiming that Apple’s Beats Music service owes at least $5 million in royalties to the performers, and the other companies are rumored to allegedly owe similar amounts.
Background on Pre-1972 Music Licensing
The issue of licensing for pre-1972 music recordings is a complex one. Unlike music produced after 1972, which is covered under federal copyright law, pre-1972 recordings are governed by a patchwork of state laws. This has led to significant confusion and legal disputes over who owns the rights to these older tracks and how they can be used. The plaintiffs in these lawsuits argue that digital music providers have been exploiting this legal gray area to stream older music without proper compensation to the original artists and rights holders.
Implications for the Music Industry
The outcome of these lawsuits could have far-reaching implications for the music industry. If the courts rule in favor of the plaintiffs, digital music providers may be required to pay substantial sums in back royalties and could face stricter regulations regarding the licensing of older music. This could lead to increased costs for streaming services, which might be passed on to consumers in the form of higher subscription fees. Additionally, a ruling in favor of the plaintiffs could set a precedent for other artists and rights holders to file similar lawsuits, potentially leading to a wave of litigation in the industry.
The lawsuits also highlight the ongoing challenges faced by the music industry in adapting to the digital age. As technology continues to evolve, so too do the legal and regulatory frameworks that govern the use of music. This case underscores the need for clearer and more consistent rules regarding the licensing of older music recordings, to ensure that artists and rights holders are fairly compensated for their work.
The lawsuits against Apple, Google, Sony, and other digital music providers over the use of pre-1972 recordings are a significant development in the ongoing evolution of the music industry. The outcome of these cases could have major implications for how older music is licensed and used in the digital age, and could lead to increased costs and regulatory scrutiny for streaming services. As the legal battle unfolds, it will be important to watch how the courts balance the interests of artists, rights holders, and digital music providers in this complex and rapidly changing landscape.
Source Hollywood Reporter, Techmeme
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