On December 29, 2017, independent music publisher Wixen Music Publishing, Inc. brought an action for copyright infringement against streaming service giant, Spotify. The lawsuit, filed in a California federal court, seeks upwards of $1.6 billion in damages stemming from Spotify's alleged use of thousands of songs without appropriate licenses. Wixen also seeks injunctive relief which would require Spotify to "develop and implement procedures for identifying and properly licensing songs," according to the complaint.
Benjamin Semel, a partner in Pryor Cashman's Music Litigation practice, recently spoke with World Intellectual Property Law Review about the suit.
"This lawsuit speaks to the risk for music services like Spotify of a strategy to seek forgiveness rather than permission," Semel said. He went on to note that U.S. copyright law provides music services with the ability to compel songwriters and publishers to license their songs, while also setting out a specific process that must be followed to compel such a license.
"Failure to follow the process in good faith (or negotiate a direct license) can leave a music service like Spotify asking for forgiveness from an awful lot of people," he explained.
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