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#1129731 - 08/11/17 08:07 AM Ferrick v.Spotify  
Joined: Aug 2002
Posts: 6,278
Everett Adams Offline
Top 40 Poster
Everett Adams  Offline
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Joined: Aug 2002
Posts: 6,278
,NL Canada
I got some post cards in the mail saying I may have a claim against Spotify for a share of a settlement for wrong use of songs. Not sure what it is all about, some class action lawsuit. I don't expect I'll get much from it but some will, they settled for $30 million dollars. Anyone here get some of these notices?

#1129734 - 08/11/17 09:15 AM Re: Ferrick v.Spotify [Re: Everett Adams]  
Joined: Dec 2008
Posts: 8,436
John Lawrence Schick Offline
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John Lawrence Schick  Offline
Top 20 Poster

Joined: Dec 2008
Posts: 8,436
PA
Got the same post card Everett. I didn't read it. Are we supposed to do something?

Best, John smile

#1129735 - 08/11/17 09:56 AM Re: Ferrick v.Spotify [Re: Everett Adams]  
Joined: May 2006
Posts: 7,779
Colin Ward Offline
Colin Ward  Offline

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Posts: 7,779
Saint Petersburg. FL
Me too. You don't have to do anything unless you want to opt out. I'll let you know when my million arrives.


Colin

I try to critique as if you mean business.....

http://colinwardmusic.com/

http://rosewoodcreekband.com/


#1129736 - 08/11/17 10:21 AM Re: Ferrick v.Spotify [Re: Everett Adams]  
Joined: May 2001
Posts: 6,784
Ray E. Strode Online content
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Ray E. Strode  Online Content
Top 30 Poster

Joined: May 2001
Posts: 6,784
Brunswick, Ga. USA
Yes,
I also received the notice. Since I have nothing on any music service it didn't concern me.


Ray E. Strode
#1129762 - 08/11/17 10:20 PM Re: Ferrick v.Spotify [Re: Everett Adams]  
Joined: Dec 2001
Posts: 3,839
Jody Whitesides Offline
Jody Whitesides  Offline

Top 100 Poster

Joined: Dec 2001
Posts: 3,839
Park City, UT, USA
Yes, I got one. I also went and read the website as well as did a search about the artist.

This is the claim:

"The plaintiffs are Melissa Ferrick, Jaco Pastorius, Inc., and Gerencia 360 Publishing, Inc. They allege that they own copyrights for which registration has been issued or applied for in musical compositions that Spotify made available for interactive streaming and/or limited downloading without a license, and that Spotify did so with respect to other musical compositions owned by others."

Unfortunately, I'm not privy to the distribution rights of each entity. However I looked up Ferrick and noticed that she's a CD Baby artist. My speculative guess is, she has a Digital Distribution agreement in place, which would make this frivolous. As for Jaco, and Gerencia, I have no idea.

There's another lawsuit of a similar sort from the TriChordist dude. I believe his is about the NOIs that are supposed to make their way to the publishing rights holders. His claim is that he's not getting his. When asked who is doing his distribution - he refuses to answer. Which tells me, somewhere in the distribution chain, someone screwed up the info on his songs.

For both of these people, its likely not Spotify's fault. I get proper NOIs constantly, my distributors have my correct information. I also read contracts very carefully, mostly due to a problematic distribution deal via The Orchard that came back to bite me in the ass. Fortunately I got out of that contract unscathed. Based on that, I'm guessing that in the case of Ferrick, someone didn't read their contract well enough.

But I could be wrong.


Jody Whitesides
A Funky Audio Lap Dance For Your Ears!
www.jodywhitesides.com
#1129774 - 08/12/17 08:19 AM Re: Ferrick v.Spotify [Re: Everett Adams]  
Joined: Feb 2005
Posts: 6,071
Dave Rice Online content
Top 40 Poster
Dave Rice  Online Content
Top 40 Poster

Joined: Feb 2005
Posts: 6,071
Texas
Another brick in the wall of music shame.

#1129811 - 08/13/17 04:57 AM Re: Ferrick v.Spotify [Re: Everett Adams]  
Joined: Apr 2001
Posts: 18,160
Brian Austin Whitney Offline
Brian Austin Whitney  Offline


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Joined: Apr 2001
Posts: 18,160
Indianapolis, IN USA
Melissa is a very successful artist and is also a JPF member (and award nominees multiple times). I may send her a note to get clarification, but she's no clueless amateur. She's a long time big time earning artist who simply preferred to use CD Baby to distribute. If she made a mistake in licensing, then CD Baby would be the target first, but she's not suing them I am guessing she didn't give permission and neither did CD Baby and so they somehow put her stuff up there without permission. Will look into it more.


Brian Austin Whitney
Founder
Just Plain Folks
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Skype: Brian Austin Whitney

"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney


#1129847 - 08/14/17 01:56 AM Re: Ferrick v.Spotify [Re: Brian Austin Whitney]  
Joined: Dec 2001
Posts: 3,839
Jody Whitesides Offline
Jody Whitesides  Offline

Top 100 Poster

Joined: Dec 2001
Posts: 3,839
Park City, UT, USA
Originally Posted by Brian Austin Whitney
Melissa is a very successful artist and is also a JPF member (and award nominees multiple times). I may send her a note to get clarification, but she's no clueless amateur. She's a long time big time earning artist who simply preferred to use CD Baby to distribute. If she made a mistake in licensing, then CD Baby would be the target first, but she's not suing them I am guessing she didn't give permission and neither did CD Baby and so they somehow put her stuff up there without permission. Will look into it more.

I'm not saying she's a clueless amateur.

My guess is, something is amiss somewhere else in the chain. I searched her out and she's on multiple digital sites (not just Spotify) which makes it likely that there was intent to distribute digitally. And nearly every distribution agreement I've seen actually has a clause stating they will put content into any new store or service as it comes out. Also, if she made the mistake with licensing, then its not Spotify's or even CD Baby's fault (as CD Baby's digital distribution agreement is very well spelled out, as are the various levels in how to distribute digitally).

Please find out. I'd like to know the exact reason that led to this they don't have a license thing.


Jody Whitesides
A Funky Audio Lap Dance For Your Ears!
www.jodywhitesides.com

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