Zenbu Magazines Files Peformance Royalty-Related Suits Against Apple, Google, Others

Zenbu Magazines filed four lawsuits seeking class-action certification against Apple, Google, Rdio and Sony, claiming the defendants failed to pay performance royalties on pre-1972 sound recordings, according to court documents filed last week. Zenbu, which owns the sound recordings of several songs by The Flying Burrito Brothers, Hot Tuna and New Riders of the Purple Sage, filed the suits in the U.S. District Court for Northern California. “Sony profits from its unauthorized reproduction, distribution, and public performance of pre-1972 recordings by charging subscription fees to its users, without paying royalties or licensing fees for pre-1972 recordings,” Zenbu’s complaint against Sony said. Zenbu said in each of the complaints that the value of the recordings in question exceeds $5 million but that an exact value hasn’t been determined. The defendants didn’t comment. California courts have recently ruled in favor of artists on the issue of a performance right for such sound recordings (see 1410160001). U.S. District Court in Los Angeles Judge Philip Gutierrez and Los Angeles Superior Court Judge Mary Strobel ruled against SiriusXM on pre-1972 recordings in 2014 (see 1409240079 and 1410090092). The plaintiffs in the SiriusXM case, Flo & Eddie, are also seeking class-action certification in the U.S. District Court for New York on the performance right for pre-1972 sound recordings (see 1501160053). Public performance royalties are expected to play a key role in music licensing debates this Congress.