January 11, 2010
In New York, Universal Sues Grooveshark Over Oldies...
Courthouse News Service:
MANHATTAN – UMG Recordings claims an Internet site is ripping it off by distributing Golden Oldie music from UMG‘s catalogue for free, and using the mass copyright violations to attract advertising dollars to its site. UMG seeks punitive damages from Escape Media Group, which does business as Grooveshark.com.
UMG claims Grooveshark violates copyright by providing “free access to UMG‘s pre-1972 recordings,” which includes ” some of the most popular and successful recording artists of the 20th Century,” including Buddy Holly, Chuck Berry, Marvin Gaye, the Temptations, Cat Stevens, the Jackson Five and the Who.
It claims that Grooveshark “uses the lure of free access” to increase traffic on its Web site, which in turn drives its advertising dollars.
According to the complaint in New York County Court, Grooveshark stores UMG‘s “copyrighted sound recordings on its own servers… and then distribute(es) copies of those recordings to the users.”
Grooveshark not only refuses to pay UMG a license fee, it has even “boasted” about targeting “the very segment of users that are bringing the labels to their knees with illegal downloading,” according to the complaint.
UMG wants an accounting, an injunction and punitive damages for unfair competition and copyright violations. It is represented by Andrew Bart with Jenner & Block.
Digital Music News:
Grooveshark settled a major lawsuit involving EMI Group in October of last year. That development ostensibly paved the way for similar settlements with other majors, though another filing – this time from Universal Music Group – surfaced over the weekend. The state-based complaint, filed with the the Supreme Court of the State of New York (County of New York), specifically involves pre-1972 works controlled by UMG Recordings. The suit names Grooveshark owner Escape Media, based in Gainesville, Florida.
The pre-1972 catalog spans Buddy Holly, Chuck Berry, The Carpenters, The Who, and Marvin Gaye, among others.
This is not a federal action, though a broader legal campaign could be underway. “UMG seeks redress in this litigation only for Pre-1972 Recordings,” the New York filing states. “Pre-1972 Recordings are subject to protection exclusively under state law (including the law of the State of New York) and are not subject to or governed by the federal Copyright Act.”
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