Following Spotify’s class action settlement, a lawsuit has been filed by those who opted-out of the settlement alleging copyright infringement of their musical compositions.
Like the class action that preceded it, the lawsuit alleges Spotify is violating the reproduction rights of publishers and songwriters.
According to Spotify’s motion for a more definitive statement from the plaintiffs, they contend that streaming doesn’t implicate either the reproduction or distribution rights under copyright law.
Spotify argues that courts have held there is a distinction between streaming and downloading. Specifically, that downloading a song implicates the reproduction and distribution of a sound recording and of the underlying musical composition. However, streaming is an “isolated public performance of a sound recording,” and of the musical composition.
Given how the distribution of music, films, televisions programming and art in almost every media has moved quite quickly towards a streaming model, this case may provide some clarity as to what uses of a copyright are infringing.
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