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tunesmithth

Ferrick vs. Spotify class action

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tunesmithth    1,279

I received 2 of these in yesterday's mail...2 different Claimant ID #s

I'm curious...has anyone else received notices like this?

 

Spotify 1 001.jpg

Spotify 2 001.jpg

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HoboSage    1,993

I also got 2.

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Just1L    955

I assume you both actually have music on Spotify? 

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HoboSage    1,993

Nope.  I didn't even have an account with Spotify until I made one now to check to see if they had my music - they don't.   Maybe the list of those to notify came from the Copyright Office.

Edited by HoboSage
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tunesmithth    1,279

If Spotify's running my material, they did so without my blessing. I've never submitted either, which is part of the reason I asked.

 

Quote

Maybe the list of those to notify came from the Copyright Office

 

Yeah, but if that was the criteria for inclusion, these would have gone out to millions of folks...including you, right?

 

FYI in all likelihood, I will not pursue this, but I am curious about the circumstances.

 

Tom

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Just1L    955
5 minutes ago, tunesmithth said:

FYI in all likelihood, I will not pursue this,

 

Well then I guess you won't be receiving your check for $26.38.

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tunesmithth    1,279

Is that a pretax figure? :rolleyes:

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tunesmithth    1,279

Here's the website they referenced.

http://www.spotifypublishingsettlement.com/

I roamed around a bit last night, but wasn't able to resolve any of the specifics like...

  • How they compiled the claimant's list?
  • Which songs (if any) are actually involved?
  • How to search Spotify and find out if my material was used? Without actually joining, I didn't see a means by which to perform song/artist searches.

Tom

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Just1L    955
25 minutes ago, tunesmithth said:

Is that a pretax figure? :rolleyes:

 

LOL I actually had typed "$26.38 before taxes" but realized I said it was from a check, and that wouldn't make sense. Good one. :)

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HoboSage    1,993

I had to join for free to search Spotify, Tom.  In class actions, the plaintiffs have to give notice to all those potentially affected - all potential plaintiffs/claimants.  Since the claims against Spotify are for copyright violations, and since copyright registrations of musical works and sound recordings are searchable public records at the Copyright Office, I thought that might be one good source for names of potential claimants in the class action for the lawyers to tap.  I don't think they found me because of Soundcloud, otherwise they would have found Randy too.  That's why I'm guessing the Copyright Office.  I know you've registered works there too, Tom.  So, maybe they just got a list of all musical works and sound recordings registered within the past "x" number of years, and sent us all notices.  It's a plausible tentative theory!  LOL

Edited by HoboSage

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tunesmithth    1,279

I agree David. That was my first thought when I saw the notice...Library of Congress.

Back in the hay-day of the Song-Poem companies, every new registration filing would generate a couple of snail -mail offers from the likes of "Americord", etc.

They were all triggered by new filings.

I stuck an inquiry up here & on Facebook just to see if anyone had been included or knew someone who was. If it is linked to the Library, you'd think I'd come across someone who'd gotten one. Perhaps I was among the first batch sent out & others will receive notification later...who knows?

 

Appreciate the info about Spotify searches. That was my assumption...that I'd need to join to search, but your comment confirms it.

Thanks again...gotta go cut my lawn! :w00t: ...again!!!! 

 

Tom

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Just1L    955

Maybe it's just an attempt by Spotify to gain users by making them sign up for an account (Ka-ching) to see if there songs are on there. LOL, or maybe it's time to change the tinfoil hat.  

 

I agree with Dave's plausible tentative theory though … for now.

Edited by Just1L
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Peggy    400

I got 1.

 

I was thinking CdBaby .. kinda remember giving permission. I'll check my agreement.

 

Peggy

 

https://members.cdbaby.com/digital-distribution-partners.aspx

Edited by Peggy
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tunesmithth    1,279

Cool...good to know Peggy! :)

 

Tom

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TapperMike    378

https://www.musicbusinessworldwide.com/spotify-hit-with-second-songwriter-lawsuit-in-the-us/

 

So in short Spotify is saying they are responsible for everything and nothing even though they may be responsible for everything.  They are claiming that unkown spotify users had uploaded the music of the claimants.  

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Just1L    955
8 hours ago, TapperMike said:

They are claiming that unkown spotify users had uploaded the music of the claimants.  

 

Yeah, that's the problem with tech, you can never figure out where anything comes from or who's doing what. LOL That claim makes me think they're more guilty than I had thought.

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tunesmithth    1,279

Perhaps that should become the official slogan of the internet?

 

"The Digital Home of Plausible Deniability"

 

Has a nice ring to it, don't ya' think? ;)

 

Tom

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MikeRobinson    165

These lawyers are distributing those postcards everywhere – and it really isn't hard to see right through their scam.

 

I'm the registered owner or co-owner of certain revenue-producing US Copyrights which are registered with the US Government and with two PROs (Performing Rights Organizations), ASCAP and BMI.  At least every quarter, I receive a check or a direct deposit from one or both of them.

 

If "someone not-innocently made use of [my] copyrighted materials without a license," they committed a criminal, not a civil, offense.

 

If a lawsuit has been settled in Federal Court (all issues concerning copyright are a Federal matter...) such that revenues and/or damages have been collected, then Federal Law already says that I must receive my share, and the PROs are already out there dealing with that process on my behalf.  (In fact, since my copyrights are registered, I am entitled to triple damages.)  I don't have to do a damned thing.  My legally-perfected title to the intellectual property is a matter of US public record.  Every now and then, my checks are a little bit fatter because someone won or settled a lawsuit somewhere.  I never knew about it.  I didn't have to.

 

Also:  your copyright registration includes (confidential) contact information, and your PROs have all the details in their confidential databases.  (One of the services they provide is to get a message to you without revealing where you live.)  So, the bottom line is that no lawyer has to contact you because you "potentially might be" an owner:  the public record (and the business records of the PROs) declares who has the title (just like a car ...), and who has what share of the proceeds.  Once the Courts have identified the works that have been infringed, they can grind through all of the rest of it until one day it shows up on your statement.  It's entirely procedural, and that's part of what PROs do for a living.

 

(And, if you did not have a PRO, although your legal right to compensation remains unaltered, your chances of getting paid are quite frankly very much reduced, because you've made it so much harder to do.)

 

And this is why you absolutely must belong to a PRO, as a writer and as a publisher.  (ASCAP is free.  BMI is not.  Both do great work.)  And why you must register your copyrights at http://copyright.gov.  "Mind your P's and Q's!"

Edited by MikeRobinson

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