Singer Slaps Spotify With $150M Class Action

December 30, 2015

David Lowery, singer for groups Camper Van Beethoven and Cracker, has filed a class action lawsuit against streaming music service Spotify, claiming it knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses. Lowery, who has retained Michelman & Robinson, LLP, is seeking $150 million in damages. Spotify is currently in negotiations with the National Music Publishers Association. “We are committed to paying songwriters and publishers every penny,” says Spotify global head of communications and public policy Jonathan Prince. “Unfortunately, especially in the United States, the data necessary to confirm the appropriate rights holders is often missing, wrong, or incomplete. When rights holders are not immediately clear, we set aside the royalties we owe until we are able to confirm their identities. We are working closely with the National Music Publishers Association to find the best way to correctly pay the royalties we have set aside and we are investing in the resources and technical expertise to build a comprehensive publishing administration system to solve this problem for good.” Billboard reports that Spotify has set aside $17 to $25 million in a reserve fund to pay such royalties. But, the complaint states, by allowing users to play the songs without the proper licenses in place, Spotify “creates substantial harm and injury to the copyright holders.”

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