Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.
First off today, Tatiana Cirisano at Billboard reports that the music publisher Wixen has filed a lawsuit against Pandora alleging that the music streaming service Pandora has been displaying lyrics for songs it controls without obtaining the proper license to do so.
Pandora, like similar services, has been partnering with companies like LyricFind to both obtain the official lyrics and the license to display them in their apps. However, according to Wixen, LyricFind’s agreements do not cover their clients, meaning that Pandora has been using the lyrics without permission. Wixen says it brought the issue to Pandora’s attention back in 2018 but the company did nothing until recently when it agreed to remove some lyrics.
Wixen claims that 100 songs they control have been infringed. This marks the second such lawsuit that Wixen has filed in recent history with the last being in December against Spotify. That resulted in a $1.6 billion settlement.
Next up today, Eriq Gardner at The Hollywood Reporter Esquire reports that a major music industry attorney may be looking at filing a lawsuit on behalf of artists over a 2008 fire that destroyed many master recordings of their music.
The fire took place on the Universal back lot in Hollywood. There, a warehouse storing many Universal Music Group master recordings was destroyed along with much of its contents. Universal Music Group and NBCUniversal reached a settlement over the fire in 2013 but that settlement may itself be an issue.
The reason is that many of the artists who lost their master recordings either were anticipating future royalties based upon their re-release or were planning on using copyright termination to reclaim control of them. This has led some to think that the artists could create a claim based on “bailment”, which is where one places property in the control of another for safekeeping. There’s also the issue of whether the settlement with NBCUniversal constituted a use of the recordings and if artists deserve royalties from it. Needless to say, this would be an interesting a unique lawsuit if it ever comes to fruition.
Finally today, Ernesto at Torrentfreak writes that a self-proclaimed heavy user of The Pirate Bay has settled a case against the makers of Boyka: Undisputed IV and Mechanic: Resurrection by paying $2,900 and agreeing to never use The Pirate Bay again.
The case got off to a wonky start in 2017 when the lawsuit was first filed against a 72-year-old man that owned the internet connection that was used. When the filmmakers reached out to him to demand a settlement, he rebuked them and the case made the news. However, after dropping the case against the initial target they continued to investigate and found that it was another tenant on the property, Gary Graham.
Graham has since admitted to being a prolific user of The Pirate Bay though he says he cannot recall if he downloaded the films in question. Though he denies liabilities, he is submitting to the consent judgment and is agreeing to pay the $2,900 to cover costs, fees and damages.