Recent music licensing lawsuits against three broadcasters by Global Music Rights indicate the music licensing entity “has lost patience with stations that have not entered into agreements to play their music,” wrote Wilkinson Barker broadcast attorney David Oxenford posted Oct. 7. According to legal filings in U.S. District Court, GMR sued Red Wolf in Connecticut, Southern Stone Communications and Black Crowe Media Group in the Middle District of Florida, and One Putt Broadcasting in the Eastern District of California. The courts could potentially lower the damages requested, but “even the threat of such damages has been enough to put many of the original file-sharing music sites out of business,” Oxenford said. Radio stations avoiding playing GMR-licensed music “is a difficult if not impossible task given the songwriters that GMR has signed who have full or partial copyrights in a wide variety of popular music," the blog post said. Commercial radio stations that haven’t reached a licensing agreement with GMR “or otherwise taken action to avoid the need for that license should discuss this issue with their attorneys now to see what actions they can take to avoid potential liability later,” Oxenford said.
Comcast faces a Wednesday deadline to answer a Minnesota complaint that it violated the Telephone Consumer Protection Act under a deadline extension order signed Oct. 3 by U.S. Magistrate Judge Leo Brisbois in Duluth. Comcast filed notice Sept. 28 to move to U.S. District Court in St. Paul (docket 0:22-cv-02377) the TCPA complaint filed Sept. 7 in Ramsey, Minnesota, state court.
CBE Customer Solutions removed to U.S. District Court in Manhattan a complaint in which Verizon Wireless alleges its debt-collection agency is guilty of breach of contract, said CBE's notice of removal Thursday (docket 1:22-cv-08703). The carrier alleges that CBE “refused to comply” with an indemnification agreement between the parties, costing the carrier nearly $6.1 million in damages and court costs spent in negotiating, finalizing and executing a Telephone Consumer Protection Act class settlement. CBE does not concede that the allegations “state a valid claim under applicable law,” it said in the notice.
Some users of the Public Access to Court Electronic Records (Pacer) system run by the federal judiciary could see full refunds of the fees they paid to access federal court documents, according to a proposed settlement agreement between three nonprofits and the federal judiciary submitted Tuesday to U.S. District Court for the District of Columbia.
Dish Network wants the D.C. Circuit to rehear its arguments that the FCC’s authorization of a license modification for SpaceX’s Starlink satellite system to fly at lower altitudes will lead to interference with Dish’s satellite TV business, said a petition for panel rehearing or rehearing en banc filed in the U.S. Court of Appeals for the D.C. Circuit Tuesday in docket 21-1123, Viasat v. FCC (see 2208260035). “Without a rehearing, SpaceX will continue to operate its enormous nongeostationary satellite system at power levels that risk causing interference into many millions of households receiving satellite television service,” said the filing.
Tenafly, New Jersey-based Innovative Sports Management, d/b/a Integrated Sports Media, filed four separate Communications Act complaints Oct. 5 and 6 in three California jurisdictions, alleging a slew of bars and restaurants “intercepted” and displayed the October 2021 soccer match between Brazil and Colombia for which it had the exclusive closed-circuit rights in North America. The match originated via satellite uplink and was subsequently retransmitted to cable systems and satellite companies via satellite signal to Integrated’s lawful sublicensees, said one complaint (docket 2:22-cv-07269) in U.S. District Court in San Jose that typified the others. The match “could only be exhibited in a commercial establishment in California if said establishment was contractually authorized to do so” by Integrated, it said. All the defendants are guilty of the willful and unauthorized interception and display of the match “for purposes of direct and/or indirect commercial advantage and/or private financial gain,” it said. The complaints seek statutory damages of $100,000 for each willful violation of the Communications Act. The various defendants didn't respond to requests for comment.
Marriott International filed a motion Friday to compel discovery from Dynasty Marketing Group, one of several defendants in its novel Telephone Consumer Protection Act complaint in U.S. District Court in Alexandria, Virginia, alleging infringement of Marriott trademarks by robocalling Marriott impersonators. Marriott seeks "full and complete answers," plus the production of documents, "responsive" to its discovery requests, said a memorandum in support of its motion (docket 1:21-cv-00610).