Paul C. VanSlyke, Senior Counsel at Hoover Slovacek LLP
Call Today For A Consultation
713-714-2189

Spotify seeks better definition in copyright infringement case

One of the results of many appeals court rulings, whether here in Texas or elsewhere, is better definitions for words and terms that arise during or contribute to litigation. For instance, in copyright infringement, one of the questions Spotify wants to ask an appeals court is what "exclusive rights" means? The company wants an answer since at least one lawsuit the company faces involves what it considers a questionable standing to sue.

In that lawsuit, a company that purports to have exclusive rights to certain music is suing Spotify for copyright infringement. Apparently, the company, Bluewater Music Services, was given exclusive rights, but must still seek permission in order to make deals regarding mechanical licenses of songs if the royalty payment will not be the full statutory amount. In other words, if the company wants to enter into an agreement for use of a song on a streaming service such as Spotify for less than the statutory minimum, it needs permission from (at least) the songwriter first.

This prompted Spotify to want an appeals court to decide whether Bluewater and others like it actually have exclusive rights and the right to sue for copyright infringement. If an appeals court takes on this question, it could have a profound effect on an industry that is still attempting to find a smooth way to run. Copyright owners deserve their royalties, but who actually has full ownership makes a difference in who receives them and who can file lawsuits when they do not receive them.

If such an appeal is filed in this copyright infringement case, many people in the industry may keep a watchful eye on it. Depending on the outcome, it could change the way rights are transferred throughout the industry. In any case, if a Texas songwriter believes that someone else is using his or her copyrighted material without permission or payment, it is always a good idea to address the issue right away.

No Comments

Leave a comment
Comment Information
EMAIL US FOR A RESPONSE

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us

Houston Office
5051 Westheimer Road
Suite 1200, Galleria Tower 2
Houston, TX 77056

Phone: 713-714-2189
Fax: 713-458-4829
Houston Law Office Map

Austin Office
By Appointment
823 Congress Avenue
Suite 620
Austin, TX 78701

Phone: 713-714-2189
Map & Directions

Phone Number
Fax Number
  • RATED BY | Super Lawyers | Paul C. Van Slyke
  • Martindale-Hubbell | AV PREEMINENT
  • Avvo Rating | 10.0 | Paul C. Van Slyke | Top Attorney
  • Best Lawyers
  • WTR | 1000