{"id":55801,"date":"2017-07-31T09:00:00","date_gmt":"2017-07-31T13:00:00","guid":{"rendered":"http:\/\/hispanicprwire.com\/english-if-you-own-the-copyright-for-a-musical-composition-available-on-spotify-you-may-be-entitled-to-benefits-through-a-class-action-settlement\/"},"modified":"2017-07-31T09:02:24","modified_gmt":"2017-07-31T13:02:24","slug":"si-es-dueno-de-los-derechos-de-autor-de-una-composicion-musical-disponible-en-spotify-puede-tener-derecho-a-recibir-beneficios-a-traves-de-un-acuerdo-de-demanda-colectiva","status":"publish","type":"post","link":"https:\/\/hispanicprwire.com\/en\/si-es-dueno-de-los-derechos-de-autor-de-una-composicion-musical-disponible-en-spotify-puede-tener-derecho-a-recibir-beneficios-a-traves-de-un-acuerdo-de-demanda-colectiva\/","title":{"rendered":"If You Own The Copyright For A Musical Composition Available On Spotify, You May Be Entitled To Benefits Through A Class Action Settlement"},"content":{"rendered":"<p><\/p>\n<style type=\"text\/css\"><![CDATA[\n\/* Style Definitions *\/\nspan.prnews_span\n{\nfont-size:8pt;\nfont-family:\"Arial\";\ncolor:black;\n}\na.prnews_a\n{\ncolor:blue;\n}\nli.prnews_li\n{\nfont-size:8pt;\nfont-family:\"Arial\";\ncolor:black;\n}\np.prnews_p\n{\nfont-size:0.62em;\nfont-family:\"Arial\";\ncolor:black;\nmargin:0in;\n}\n]]><\/style>\n<div class=\"xn-content\">\n<p><span class=\"xn-location\">SEATTLE<\/span>, <span class=\"xn-chron\">July 31, 2017<\/span> \/PRNewswire-HISPANIC PR WIRE\/ &#8212;\u00a0The following statement is being issued by GCG regarding <i>Ferrick et al., v. Spotify <span class=\"xn-location\">USA<\/span> Inc.<\/i><\/p>\n<p><b><u>LEGAL NOTICE<\/u><\/b><\/p>\n<p>If you own a copyright that has been registered with the U.S. Copyright Office (or for which an application of registration has been filed) for a musical composition that was made available on Spotify&#8217;s service for interactive streaming and\/or limited downloading between <span class=\"xn-chron\">December 28, 2012<\/span> and <span class=\"xn-chron\">June 29, 2017<\/span>, and you contend that Spotify did so without a license, your rights may be affected by a proposed class action settlement, and you may be eligible to receive benefits from a class action settlement.\u00a0\u00a0 If the court approves the settlement, Spotify will:<\/p>\n<ul type=\"disc\">\n<li>pay <span class=\"xn-money\">$43.45 million<\/span> into a Settlement Fund;\n<\/li>\n<li>pay all Settlement Administration Costs and Notice Costs, which the Settlement Administrator has estimated will exceed <span class=\"xn-money\">$1 million<\/span>;\n<\/li>\n<li>pay mechanical license royalties calculated in accordance with 37 C.F.R. \u00a7\u00a7 385.10-17 for future use of musical compositions;\n<\/li>\n<li>establish a Mechanical Licensing Committee that would aim to increase the percentage of tracks available on Spotify&#8217;s service that can be matched to a registered copyright owner; and\n<\/li>\n<li>coordinate industry efforts to share publisher catalog data to facilitate the mechanical licensing of content on streaming services and digitize pre-1978 Copyright Records and make them available online for free use by the public.<\/li>\n<\/ul>\n<p>This notice summarizes your rights and options. More details and information can be found at <a target=\"_blank\" href=\"http:\/\/www.spotifypublishingsettlement.com\/?utm_source=PRN&amp;utm_medium=English&amp;utm_campaign=FRK\" rel=\"nofollow\">www.SpotifyPublishingSettlement.com<\/a>.<\/p>\n<p><b>What&#8217;s this about?<\/b>\u00a0 A settlement has been reached in the class action <i>Ferrick v. Spotify <span class=\"xn-location\">USA<\/span> Inc<\/i>., No. 1:16-cv-8412 (AJN).\u00a0 The plaintiffs contend that Spotify made certain musical compositions available on its service without a license.\u00a0 Spotify denies any wrongdoing.\u00a0 The parties have agreed to a settlement to avoid the uncertainties and expenses associated with further litigation of the case.\u00a0 The Court has not decided whether the plaintiffs or Spotify is right.\u00a0 <\/p>\n<p><b>Am I a class member?<\/b>\u00a0 It depends.\u00a0 The Settlement Class consists of all persons or entities who own copyrights in one or more musical compositions (a) for which a certificate of registration has been issued or applied for; and (b) that were made available by Spotify for interactive streaming and\/or limited downloading during the class period (<span class=\"xn-chron\">December 28, 2012<\/span> through <span class=\"xn-chron\">June 29, 2017<\/span>) without a license.\u00a0 Excluded are (i) Spotify and its affiliates, employees, and counsel; (ii) governmental entities; (iii) the Court; (iv) persons and entities who in 2016 executed a Participating Publisher Pending and Unmatched Usage Agreement in connection with the Pending and Unmatched Usage Agreement, dated as of <span class=\"xn-chron\">March 17, 2016<\/span>, between Spotify and the National Music Publishers&#8217; Association, or any other person or entity who has agreed not to bring a claim against Spotify in this lawsuit; and (v) any person or entity who has already provided Spotify with a release with respect to claims concerning musical compositions for which a certificate of registration has been issued or applied for, but the exclusion applies solely with respect to such released claims.<\/p>\n<p><b>What can I get?\u00a0 <\/b>If the settlement is approved by the Court and you submit a timely, valid claim form, you will be an authorized claimant and entitled to receive a payment from the settlement fund (<span class=\"xn-money\">$43,450,000<\/span>, less deduction for attorneys&#8217; fees and certain expenses).\u00a0 Authorized claimants will receive a minimum pro rata payment from a fixed portion of the net settlement fund.\u00a0 Depending upon the number of streams of your qualifying musical compositions (through the preliminary approval date), you will also receive a pro rata share of the net settlement fund determined by dividing the total number of streams of your qualifying musical compositions by the total number of streams of all qualifying musical compositions.\u00a0 You will also receive payment of future mechanical royalties calculated using the statutory rate.\u00a0 Spotify will also provide nonmonetary benefits to class members, such as by taking steps to facilitate payment of royalties for unmatched works.<\/p>\n<p><b>How do I get a payment?<\/b>\u00a0 You must submit a timely and properly completed claim form no later than 210 days after the Settlement Claims Start Date.\u00a0 You may complete a claim form online at <a target=\"_blank\" href=\"http:\/\/www.spotifypublishingsettlement.com\/?utm_source=PRN&amp;utm_medium=English&amp;utm_campaign=FRK\" rel=\"nofollow\">www.SpotifyPublishingSettlement.com<\/a>.\u00a0 You may obtain payments for future royalties, but not a share of the settlement fund, by submitting a claim form after the Claim Deadline.<\/p>\n<p><b>What are my other options?<\/b>\u00a0 You may either remain part of the settlement class and potentially receive benefits, or you can <b>exclude yourself and get no benefit from the Settlement.<\/b>\u00a0 If you exclude yourself, you cannot get a settlement payment, but you keep any rights you may have to bring claims against Spotify over the allegations in the lawsuit.\u00a0 You may exclude yourself from the settlement class by sending a Request for Exclusion to the Settlement Administrator no later than <b>September 12,<\/b> <b>2017<\/b>, addressed to: Ferrick v. Spotify <span class=\"xn-location\">USA<\/span> Inc. c\/o Garden City Group LLC, PO Box 10371, <span class=\"xn-location\">Dublin, OH<\/span> 43017-5571.\u00a0 If you remain in the Settlement Class you (or your lawyer) have the right at your own expense to appear before the Court and\/or object to the Settlement.\u00a0 If you object, you are not required to attend.\u00a0 Instructions for submitting a written objection by the deadline of <span class=\"xn-chron\">September 12, 2017<\/span>, are available at <a target=\"_blank\" href=\"http:\/\/www.spotifypublishingsettlement.com\/?utm_source=PRN&amp;utm_medium=English&amp;utm_campaign=FRK\" rel=\"nofollow\">www.SpotifyPublishingSettlement.com<\/a>.<\/p>\n<p><b>Who represents me?<\/b>\u00a0 The Court has appointed Class Representatives.\u00a0 The Court also has appointed lawyers from Gradstein &amp; Marzano, P.C. and <span class=\"xn-person\">Susman Godfrey L.L.P<\/span>. as Class Counsel for the Settlement Class.\u00a0 The Court will determine how much Class Counsel will be paid for fees and expenses.\u00a0 Class Counsel can seek an award for attorneys&#8217; fees of <span class=\"xn-money\">$5,000,000<\/span> for, among other things, the future monetary and non-monetary benefits conferred, to be paid by Spotify and not from the Settlement Fund, and up to one-third of the Settlement Fund, plus reimbursement of expenses and incentive fees of up to <span class=\"xn-money\">$25,000<\/span> per Class Plaintiff, to be paid out of the Settlement Fund.\u00a0 You will not be responsible for payment of Class Counsel&#8217;s fees and expenses.<\/p>\n<p><b>When will the Court consider the proposed settlement?\u00a0 <\/b>The Court will hold a final approval hearing on <span class=\"xn-chron\">December 1, 2017<\/span> at <span class=\"xn-chron\">10:00 a.m.<\/span> at the U.S. District Court for the Southern District of <span class=\"xn-location\">New York<\/span>, Thurgood Marshall United States Courthouse, Courtroom 906, 40 Foley Square, <span class=\"xn-location\">New York, NY<\/span> 10007.\u00a0 At that hearing, the Court will determine the fairness of the settlement.\u00a0 If you file a timely objection and comply with the Court&#8217;s instructions for objections, you may appear at the hearing to explain your objection.\u00a0 If the hearing is relocated or rescheduled, the new location or date will be posted at <a target=\"_blank\" href=\"http:\/\/www.spotifypublishingsettlement.com\/?utm_source=PRN&amp;utm_medium=English&amp;utm_campaign=FRK\" rel=\"nofollow\">www.SpotifyPublishingSettlement.com<\/a>.<\/p>\n<p><b>How do I get more information<\/b>?\u00a0 You can visit <a target=\"_blank\" href=\"http:\/\/www.spotifypublishingsettlement.com\/?utm_source=PRN&amp;utm_medium=English&amp;utm_campaign=FRK\" rel=\"nofollow\">www.SpotifyPublishingSettlement.com<\/a>\u00a0or contact the Settlement Administrator toll free at 1-855-474-3853.<\/p>\n<p>SOURCE  GCG<\/p>\n<\/div>\n<p> <\/p>","protected":false},"excerpt":{"rendered":"<div class=\"xn-content\">\n<p><span class=\"xn-location\">SEATTLE<\/span>, <span class=\"xn-chron\">July 31, 2017<\/span> \/PRNewswire-HISPANIC PR WIRE\/ &#8212;\u00a0The following statement is being issued by GCG regarding <i>Ferrick et al., v. Spotify <span class=\"xn-location\">USA<\/span> Inc.<\/i><\/p>\n<p><b><u>LEGAL NOTICE<\/u><\/b><\/p>\n<p>If you own a copyright that has been registered with the U.S. Copyright Office (or for which an application of registration has been filed) for a musical composition that was made available on Spotify&#8217;s service for interactive streaming and\/or limited downloading between&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-55801","post","type-post","status-publish","format-standard","hentry","category-negocios-y-finanzas"],"acf":[],"_links":{"self":[{"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/posts\/55801","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/comments?post=55801"}],"version-history":[{"count":0,"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/posts\/55801\/revisions"}],"wp:attachment":[{"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/media?parent=55801"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/categories?post=55801"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hispanicprwire.com\/en\/wp-json\/wp\/v2\/tags?post=55801"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}