The music-streaming service Spotify has allegedly used songs without obtaining proper rights.
Additionally, Spotify is now engaged in another lawsuit with Bob Gaudio from Frankie Valli and The Four Seasons, who alleges that Spotify has failed to comply with a section of the U.S. Copyright Act by failing to send "notice of intention" to reproduce their music online.
While Spotify has worked to track down the rights to the sound recordings of the songs it streams, it has never adequately secured the equivalent rights for the songs themselves as published works, according to the suit.
Before Spotify launched in the USA, the company made deals with major record labels to obtain the appropriate rights to the sound recording copyrights in the songs, the lawsuit states. While the songwriters have administrative agreements that allow Wixen to negotiate licensing deals, Spotify notes that those agreements say nothing about litigation. They're arguing that Wixen's contract with their songwriters won't let them take legal actions on the songwriters behalf.
Much of the trouble for Spotify stems back to May of 2017 when it offered a $43 million settlement for a class-action suit that many of Wixen's artists were a part of.
In that settlement, Spotify admitted to failing to obtain necessary statutory licenses to reproduce and/or distribute musical compositions on its platform, the lawsuit says.
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