If You Receive Or Are Credited Royalties from UMG Records, Inc., Capitol Records, LLC, And Their Related Entities, You May Be Entitled to Claim Payments or Credits Based on Past Royalties and Benefit from Increased Future Royalties for Digital Downloads and Mastertones
SEATTLE, June 12, 2015 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by Garden City Group, LLC regarding the case James v. UMG Recordings, Inc.
What is this Case about?
A proposed Settlement has been reached in a lawsuit involving how certain US Labels, affiliated with and including UMG Recordings, Inc. and Capitol Records, LLC, have calculated royalties for sales and exploitations of digital downloads, mastertones, and, as to Capitol Records, LLC, streams. The Plaintiffs claim that these transactions should be treated as “licenses” rather than “sales” of records for purposes of calculating royalties. Defendants deny these claims and contend that they properly calculated and paid royalties.
Am I in the Class?
You may be a member of the Class if you are entitled to receive or are credited royalties pursuant to a contract with one of the US Labels covered by the Settlement initially dated between January 1, 1965 and April 30, 2004, or have been treated by a Capitol US Label as subject to the Capitol Legendary Artists Program. More detailed information on the proposed Settlement can be found in the Settlement Agreement available at www.umgsettlement.com.
Which US Labels are Included?
US Labels means UMG Recordings, Inc. and Capitol Records, LLC, as well as their wholly or partially-owned US recorded music subsidiaries, divisions, and business units, their predecessors-in-interests, and any affiliated entity or joint venture on whose behalf they may enter into litigation settlements. The Settlement Agreement contains a non-exhaustive list of US Labels.
What are my Options?
- If you are eligible and want to receive a payment or credit for past royalties from the proposed $11.5 million settlement fund, and be eligible for increases in how royalties are calculated in the future, you must submit a fully completed and signed Claim Form postmarked on or before August 11, 2015 to: UMG Settlement, c/o GCG, P.O. Box 10181, Dublin, OH 43017-3181, or via email to firstname.lastname@example.org. Claim Forms can also be downloaded from www.umgsettlement.com.
- You may remove yourself from both the Settlement and the lawsuit by opting out by August 11, 2015. You will not be eligible for the Settlement benefits and will not be bound by the terms of the proposed Settlement. For information on how to opt out, visit www.umgsettlement.com.
- You can object to the Settlement by writing to the Court by August 11, 2015. For more information, visit www.umgsettlement.com.
- You can do nothing. If you do nothing, you will receive no payment, and you will give up your rights to sue the US Labels about the claims in this case.
Has the Court approved the Settlement?
The Court has preliminarily approved the Settlement and will finally determine whether the proposed Settlement is fair, reasonable, and adequate at a Fairness Hearing currently set on April 13, 2016, at 4:00 p.m. at San Francisco Courthouse, Courtroom 10 – 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. The Class will be represented by Class Counsel; you are not required to attend the hearing, but you or your own lawyer may attend at your own expense. Class Counsel’s motion requesting attorneys’ fees of $2,875,000.00 and costs of $450,000.00 along with enhancement awards for the 14 Class Representatives for assisting with the litigation that total $185,500.00 will be available for viewing on the Settlement Website listed below after they are filed.
Where Can I Get Additional Information?
This is only a summary. The terms of the Settlement determine eligibility, benefits, and rights of Class Members. If you have any questions regarding this Settlement, visit www.umgsettlement.com. You may also contact the Settlement Administrator at (855) 896-0636 or write to: UMG Settlement, c/o GCG, P.O. Box 10181, Dublin, OH 43017-3181.
DO NOT CONTACT THE COURT OR THE DEFENDANTS.