music being recorded in studio to be played on spotify

Spotify has agreed to pay $43.45 million to resolve claims that the streaming service published music without paying proper royalties to songwriters.

The settlement will benefit individuals who 1) own the copyright in a musical composition, 2) applied for or received a certificate of registration from the U.S. Copyright Office before June 29, 2017, and 3) Spotify made the musical composition available for interactive streaming and/or limited downloading without a license between Dec. 28, 2012 and June 29, 2017.

The class action lawsuit against Spotify was filed in December 2015, claiming that the streaming service infringed on copyrights by “[reproducing] and/or [distributing] […] copyrighted musical compositions using Spotify’s streaming service and offline listening service, without identifying and/or locating the owners of those compositions for payment or a notice of intent to reproduce.”

The suit was originally filed in California, but Spotify requested that the complaint be moved to New York since that it where it conducts business.

A settlement was reached for the Spotify publishing class action lawsuit in May 2017. In May 2018, the court granted final approval for the settlement. Five appeals were reportedly filed after final approval was granted but these appeals have all been dismissed, allowing the settlement to move forward.



Payment under the settlement will depend entirely on the number of streams of a claimed musical work. If a Class Member only owns part of a musical composition, that partial ownership will be reflected in their payment.

The deadline for filing a valid claim is Dec. 11, 2019. The deadline for exclusion and objection was Sept. 12, 2017. The final approval hearing was Dec. 1, 2017.

Who’s Eligible

Individuals who 1) own the copyright in a musical composition, 2) applied for or received a certificate of registration from the U.S. Copyright Office before June 29, 2017, and 3) Spotify made the musical composition available for interactive streaming and/or limited downloading without a license between Dec. 28, 2012 and June 29, 2017.

Potential Award

Varies. Will depend on the number of streams of each claimed musical work.

Proof of Purchase

Class Members must provide the Spotify Track ID for each copyrighted musical recording.



Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/11/2019

Case Name

Ferrick v. Spotify USA Inc., Case No. 1:16-cv-8412-AJN, in the U.S. District Court for the Southern District of New York

Final Hearing

12/1/2017



Settlement Website
Claims Administrator

Ferrick v. Spotify
c/o Epiq
P.O. Box 3560
Portland, OR 97208-3560
info@SpotifyPublishingSettlement.com
1-855-474-3853

Class Counsel

Henry Gradstein
Maryann R. Marzano
GRADSTEIN & MARZANO PC

Marc M. Seltzer
Steven G. Sklaver
Kalpana D. Srinivasan
Krysta Kauble Pachman
Stephen E. Morrissey
SUSMAN GODFREY LLP

Defense Counsel

John Nadolenco
Andrew J. Pincus
Archis A. Parasharami
A. John P. Mancini
MAYER BROWN LLP

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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10 Comments

  • Erika (Clark) Campbell December 7, 2019

    Unable to access website to submit claim my songs have been playing on Spotify

  • Yvonne December 6, 2019

    How do I get a list of the songs that Spotify used illegally as it relates to the class action suit?

  • Ms Doncella Jenkins November 21, 2019

    Please add me

  • Delroy Anthony Whyte September 19, 2019

    I am submitting writing documents concerning my three songs which spotify had use , I am the same Delroy Whyte AKA Admiral Willow

  • Crystal July 31, 2019

    Just found seventeen of my husbands songs on there and we never allowed Spotify to have them nor did we ever receive payment for the 5+ years they have been using them. So I hope I filled all that out right!

  • Karla West July 15, 2019

    Add me

  • Paul J Goodridge July 5, 2019

    I have no clue how to find if songs of mine have been downloaded illegally in the spotify lawsuit

    • Shawna Dolan October 3, 2019

      I’m not sure if the songs were illegally downloaded while listening on Spotify.

  • Casey Lynn Ferry May 23, 2019

    add me please.

    • Naomi Stevenson November 19, 2019

      I have songs on Spotify

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