Important Update: Class Members who wished to participate in the Settlement had to submit Proof of Claim Forms to the Settlement Administrator postmarked no later than April 6, 2012. Pursuant to the Stipulation and Agreement of Settlement, the Settlement Administrator will finalize claims processing and make determinations regarding the allowance of claims.
Overview
Nota Music Publishing, Inc., et al. v. Sirius Satellite Radio, Inc., Case No. 06-cv-6307 (AKH)
Plaintiffs filed a class action complaint against Sirius Satellite Radio (hereinafter “Sirius”) in the Southern District of New York. In such complaint, Plaintiffs alleged that Sirius, from on or about November 1, 2005 forward has, by virtue of its activities in connection with certain Sirius Recording Devices (which are capable of making recordings from the Sirius Service), infringed and violated Plaintiffs’ and members of the Settlement Classes’ rights under federal and New York law. Sirius denies these claims.
The Court has not ruled on the merits of Plaintiffs’ claims or the defenses asserted by Sirius.
To resolve the claims against it, Sirius has agreed to pay $2,224,133 and has agreed to remedial and other relief as set forth in the Settlement Agreement. At the Fairness Hearing on January 9, 2012, the Court determined that the proposed Settlement and the proposed Plan of Allocation are fair, reasonable, and adequate.
The Settlement Classes
The Settlement Classes are defined as follows:
- Sound Recording Settlement Class
All persons or entities who own or control (in whole or in part) exclusive rights in at least one sound recording protected under federal copyright law and/or state common law and/or unfair competition law that was transmitted by the Sirius Service at least once during the time period from November 1, 2005 through August 26, 2011.
The following persons and entities are specifically excluded from the Sound Recording Settlement Class: (a) Sirius, the subsidiaries and affiliates of Sirius, any person or entity who is a partner, officer, director, employee, or controlling person of Sirius, or any entity in which Sirius has a controlling interest; (b) the following music labels (collectively, the “Music Labels”): Atlantic Recording Corporation; BMG Music; Capitol Records, Inc.; Elektra Entertainment Group Inc.; EMI Music North America; Interscope Records; Motown Record Company, L.P.; Sony BMG Music Entertainment; UMG Recordings, Inc; Virgin Records America, Inc; and Warner Bros. Records, Inc.; and (c) any subsidiaries, affiliates, legal representatives, heirs, predecessors, successors and assigns of any of the above excluded parties. - Musical Composition Settlement Class
All persons or entities who own or control (in whole or in part) exclusive rights in at least one musical composition protected under federal copyright law of which a sound recording embodying such musical composition was transmitted by the Sirius Service at least once during the time period from November 1, 2005 through August 26, 2011.
The following persons and entities are specifically excluded from the Musical Composition Settlement Class: (a) Sirius, the subsidiaries and affiliates of Sirius, any person or entity who is a partner, officer, director, employee, or controlling person of Sirius, or any entity in which Sirius has a controlling interest; (b) the HFA Settlement Participants, including without limitation, Famous Music LLC; Beechwood Music Corp.; Colgems-EMI Music Inc.; EMI April Music Inc.; EMI Blackwood Music Inc; EMI Gold Horizon Music Corp.; EMI Golden Torch Music Corp.; EMI Intertrax Music Inc.; EMI Sosaha Music Inc; EMI Jemaxal Music Inc.; EMI U Catalog Inc.; EMI Unart Catalog Inc.; EMI Virgin Music, Inc.; EMI Virgin Songs, Inc.; Jobete Music Co. Inc.; Screen Gems-EMI Music Inc.; WB Music Corp.; Warner-Tamerlane Publishing Corp.; Unichappell Music, Inc.; Sony/ATV Tunes LLC; Sony/ATV Tree Publishing; Sony/ATV Gross Keys Publishing; Sony/ATV Discos Music Publishing LLC; Sony/ATV Milene Music; and Sony/ATV Acuff Rose Music; and (c) any subsidiaries, affiliates legal representatives, heirs, predecessors, successors and assigns of any of the above excluded parties.
What Were My Options?
- REMAIN IN THE SETTLEMENT CLASSES. Members of the Sound Recording Settlement Class and/or the Musical Composition Settlement Class (collectively, “Settlement Classes”) were mailed a Proof of Claim Form on or about October 26, 2011. The deadline to submit a Proof of Claim Form was April 6, 2012 (postmark date).
- OBJECT TO THE SETTLEMENT. The deadline to object to the Settlement was December 20, 2011.
- EXCLUDE YOURSELF. Requests for exclusion had to be postmarked by November 25, 2011.
Please consult the Notice for more details.
Fairness Hearing
The Court held a “Fairness Hearing” on January 9, 2012. At the Fairness Hearing, the Court determined that the proposed Settlement and the proposed Plan of Allocation were fair, reasonable, and adequate. The Court also granted Class Counsel’s request for attorneys’ fees and litigation expenses.
