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Ferrick v. Spotify
#1
I received a card in the mail from the United States District Court for the Southern District of New York  concerning a lawsuit between Ferrick verses Spotify saying as an owner of musical compositions made available for interactive streaming or download I might be illegible for benefits from a class action settlement. I'm not looking for a check but was just wondering if anyone else had received a similar notice.Since the only song that I have that is available to be streamed or downloaded is on the whetstone album.I was wondering what to do about it or since it is on a project with some of you here at this site is this something Greg needs to check out.
Just thought I'd mention it just in case it was important.

Chris
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#2
Yes I received one too
I have songs on Spotify but I have received NOI's on those songs so I do not understand what is going on
I will check with ASCAP and CD Baby to see what they say. There is a website address on the card that states the issues. Claims must be made 60 days after the court hearing of Dec 1, 2017, so about Feb 1, 2018. I would imagine it would be wise to file a claim and get the part of the penny that is owed.
Blessings
ang Smile
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#3
Disclaimer - I am not qualified to give you legal advice so take or leave this as you think right. Here is the deal though as best I understand it, with my limited understanding based on some facts that you can verify for yourself.

First, this seems an example of one of the differences between owning a copyright and registering a copyright. It is true that you own the copyright in a work from the moment you put it down without having to register it. But IF YOU HAVE NOT ALREADY REGISTERED YOUR COPYRIGHT WITH THE COPYRIGHT OFFICE, you can't enter into any kind of kind of legal action. That seems to mean (and various sources on this lawsuit agree) that you can't get a piece of this settlement unless you registered your copyright before the suit. If you haven't registered but you register now, you could in theory receive something for works that continue to be infringed from now (or the time you register the work) and when Spotify figures out how to fix the problem.

AND THE PROBLEM FOR WHICH SPOTIFY IS IN TROUBLE FOR IS: In some cases the meta-data (information about the recording) for a recording either didn't contain the songwriter's information, or that information was somehow lost such that Spotify didn't properly report or pay royalties owed to Songwriters. It wasn't all writers, just some. Does that include you? Dunno.. ironically the better we were at including that information when the album was submitted (we did) and the better that our distributor was at at communicating that information, the less likely you are to have a claim. At least, again, according to my understanding.

Second, Because 2ndfork didn't take ownership of any of your publishing, it doesn't have any standing as a claimaint and can't take any action on your behalf as it would if you had assigned control of the copyright to us.

The choice ends up being yours - the settlement isn't approved yet as far as I can tell, so IMO no one can answer definitively, but it looks like the amount is going to be pro-rated based on the number of streams you had out of the total - pennies or partial pennies indeed. 43 million sounds like a lot until you divide it up by the number of streams on Spotify over the course of several years. I didn't see any indication of punitive damages. The lawyers tried to claim that Spotify willfully stole, but it looks more like a mistake to me.

Comments?
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#4
sounds about right to me. we have songs on spotify other than the one for the whetstone album. the royalties for spotify were delayed this quarter and I knew something was up then. then I got the postcard in the mail.

the royalties for our songs streaming on spotify finally came through, but the stream amounts are pretty low. I doubt there was anything else we could get from the suit or if we did it would only be a few pennies.

not worth my time. I'm glad for the exposure.
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