Press Release
| Songwriters and Music Publishers File Copyright Infringement Suit Against Universal Records' Website. | ||
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Universal's Own, Prior Legal Victory Cited As Precedent NEW YORK, December 7, 2000 - In an ironic twist, Universal Records - the recent victor in a landmark copyright infringement action against online music site MP3.com - is now being sued by songwriters and music publishers who charge that Universal is engaging in exactly the same unlicensed activities that were found illegal in its own, prior litigation. The lawsuit (The Rodgers & Hammerstein Organization, et al. v. UMG Recordings, Inc.), filed today in U.S. District Court for the Southern District of New York, alleges that some of America's most beloved songs are being infringed by the on-line activities of Universal. Musical compositions named in the action include "White Christmas" (Irving Berlin), "Jailhouse Rock" (Jerry Leiber and Mike Stoller), "Peggy Sue" (Buddy Holly, Jerry Allison and Norman Petty), "My Favorite Things" (Richard Rodgers and Oscar Hammerstein, II), "Besa Me Mucho" (Consuelo Velasquez), "Salt and Pepper" (Sonny Stitt and Paul Gonsalves), "Love Me Tender" (Elvis Presley and Vera Matson), and "You Turned the Tables On Me" (Louis Alter and Sidney Mitchell). The plaintiffs in the action include many of the nation's leading songwriters and music publishers, including The Rodgers & Hammerstein Organization, The Songwriters' Guild of America, Inc., Jerry Leiber, Mike Stoller, Louis Alter Publications, Irving Berlin Music Company, Williamson Music Company, Freddy Bienstock Music Company, Criterion Music Corporation, Frank Music Corp., MPL Communications, Inc., Peer International Corporation, and Elvis Presley Music. According to the complaint, Universal's website, known as "Doug and Jimmy's Farm Club," offers Internet users the ability to access Universal's sound recording catalog online via the process of "streaming on demand." The record company, however, has failed to license the use of the copyrighted music embodied in these sound recordings. The plaintiffs allege that licenses must be obtained before musical compositions are reproduced in the company's database. "It is regrettable that the American music copyright community has been forced to bring this lawsuit in order to preserve its rights," said Edward P. Murphy, President & CEO of the National Music Publishers' Association, Inc. (NMPA), which is supporting the action. "The fact is, however, that in order for the Internet to thrive as an e-commerce medium for the benefit of everyone, all copyright users must be treated equally. None is above the others in having some special authority to engage in unlicensed use of copyrighted musical works." According to Murphy, the American music publisher and songwriter community has been leading the way toward ensuring consumer access to music on the Internet. Recent licensing agreements executed between the community and such on-line music distributors as MP3.com and E-Music have made over 1.25 million songs available for streaming and downloading to consumers on the Internet, providing consumers with the music they want while ensuring that the creators and owners of such music are compensated at reasonable royalty rates. "For this licensing process to continue," he stressed, "there must be confidence on all sides that the playing field is level." According to George David Weiss, President of the plaintiff Songwriters' Guild of America, "The American music copyright community has made it known that we view the Internet as presenting enormous opportunities for the distribution of our music, and we want to fashion business solutions with copyright users that benefit everyone. If music is to continue to thrive in the Digital Era as it has in the past, however, it is essential that the contribution of the songwriter be respected and fairly rewarded. Industry leaders should be setting a positive example by taking licenses and paying for the music they use, not following the destructive example of the Napsters of the world." The National Music Publishers' Association, Inc., founded in 1917, works to protect and advance the interests of the music publishing industry. With over 800 members, NMPA represents the most important and influential music publishing firms throughout the United States. Established in 1927, The Harry Fox Agency, Inc., the licensing subsidiary of NMPA, provides an information source, clearing house and monitoring service for a large percentage of music manufactured, distributed, and transmitted electronically in the United States and around the world. HFA represents more than 26,000 music publisher principals, which in turn represent the interests of more than 150,000 songwriters. |
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