News / Arts & Entertainment

Internet Radio Service Pandora Prevails in License Dispute

An employee works in the lobby of Pandora headquarters in Oakland, Calif., Tuesday, June 14, 2011An employee works in the lobby of Pandora headquarters in Oakland, Calif., Tuesday, June 14, 2011
x
An employee works in the lobby of Pandora headquarters in Oakland, Calif., Tuesday, June 14, 2011
An employee works in the lobby of Pandora headquarters in Oakland, Calif., Tuesday, June 14, 2011
Reuters
Pandora Media Inc has won a Manhattan federal court decision rejecting efforts by some music publishers to narrow a license that enables the largest U.S. Internet radio service to play their music.
 
U.S. District Judge Denise Cote said an existing antitrust consent decree that requires the American Society of Composers, Authors & Publishers to license its works to Pandora from 2011 to 2015 “unambiguously” covers all of its works, even if publishers seek to “withdraw” authority to license to “new media” services.
 
“We're obviously gratified by the result,” said Kenneth Steinthal, a partner at King & Spalding in San Francisco who represents Pandora, which is based in nearby Oakland.
 
The decision could strengthen Pandora's case as it pursues related litigation on what constitutes “reasonable” licensing fees. Cote has scheduled a Dec. 4 trial on that matter.
 
ASCAP has about 470,000 members, and said it represents music from artists like Leonard Bernstein, Beyonce, Duke Ellington, George Gershwin, Alan Jackson, Jay-Z and Katy Perry.
 
The case arose after publishers including EMI Music Publishing Ltd, Sony/ATV Music Publishing LLC and Universal Music Publishing Group withdrew or tried to withdraw new media licensing rights from ASCAP, allowing them to negotiate directly with Internet radio services.
 
Concerned that it would lose access to some music content for its roughly 72 million active listeners, Pandora in July sought a court ruling that publisher withdrawals would not affect the ASCAP license.
 
In response, ASCAP argued that Pandora had understood that the consent decree license could be narrowed. Cote, however, rejected its argument.
 
“ASCAP argues that 'ASCAP repertory' refers only to the rights in music works that ASCAP has been granted by its members as of a particular moment in time,” the judge wrote. “Pandora argues that ‘ASCAP repertory’ is a defined term articulated in terms of ‘works’ or ‘compositions,’ as opposed to in terms of a gerrymandered parcel of ‘rights.’ Pandora is correct.”
 
Lauren Iossa, an ASCAP spokeswoman, had no immediate comment. A lawyer for ASCAP did not immediately respond to a request for comment.
 
Pandora shares closed up $1.20, or 5 percent, at $25.19 in Tuesday trading on the New York Stock Exchange. Cote issued her decision after U.S. markets closed.

You May Like

Could Nemtsov Threaten Putin in Death as in Life?

Dynamic and debonair opposition leader had supported liberal economic reforms, criticized Russian president's aggression in Ukraine More

Oil Smuggling Highlights Challenges in Shutting Down IS Finances

Pentagon spokesman says Islamic State 'certainly continues to get revenue from the oil industry black market' but that airstrikes have made a dent More

India Focuses on Infrastructure, Investment to Propel Economy

Government expects economy to grow at 8 to 8.5 percent in next fiscal year More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
US Supreme Court Hears Hijab Discrimination Casei
X
Katherine Gypson
February 25, 2015 11:30 PM
The U.S. Supreme Court has heard opening arguments in a workplace religious discrimination case that examines whether a clothing store can refuse to hire a young woman for wearing the headscarf she says is a symbol of her Muslim faith. Katherine Gypson reports from the Supreme Court.
Video

Video US Supreme Court Hears Hijab Discrimination Case

The U.S. Supreme Court has heard opening arguments in a workplace religious discrimination case that examines whether a clothing store can refuse to hire a young woman for wearing the headscarf she says is a symbol of her Muslim faith. Katherine Gypson reports from the Supreme Court.
Video

Video Falling Gas Prices Hurt Nascent Illinois Hydraulic Fracturing Industry

Falling oil prices are helping consumers purchase cheaper petroleum at the pump. But that’s made hydraulic fracturing or “fracking” less economically viable for the companies in the United States invested in the process. VOA’s Kane Farabaugh reports on one Midwestern town that was hoping to change its fortunes by cashing in on the next big U.S. oil boom.
Video

Video Fighting in Sudan's South Kordofan Fuels Mass Displacement

Heavy fighting in Sudan's South Kordofan state is causing hundreds of thousands to flee into uncertain conditions. Local aid organizations estimate as many as 400,000 civilians have been internally displaced since the conflict began more than three years ago, while another 250,000 have fled across the border to refugee camps in South Sudan. VOA's Adam Bailes reports.
Video

Video Lao Dam Project Runs Into Opposition

A Lao dam project on a section of the Mekong River is drawing opposition from local fishermen, international environmental groups and neighboring countries. VOA's Say Mony visited the region to investigate the concerns. Colin Lovett narrates.
Video

Video A Filmmaker Discovers Her Biracial Identity in "Little White Lie

Lacey Schwartz grew up in an upper middle-class Jewish family, in a town in upstate New York where almost everyone she knew was white. She assumed that she was, as well. Her recent documentary, Little White Lie, tells the story of how she uncovered the secret of her true racial background. VOA’s Carolyn Weaver has more on the film.
Video

Video Deep Under Antarctic Ice Sheet, Life!

With the end of summer in the Southern hemisphere, the Antarctic research season is over. Scientists from Northern Illinois University are back in their laboratory after a 3-month expedition on the Ross Ice Shelf, the world’s largest floating ice sheet. As VOA’s Rosanne Skirble reports, they hope to find clues to explain the dynamics of the rapidly melting ice and its impact on sea level rise.
Video

Video US-Cuba Normalization Talks Resume Friday

Negotiations aimed at normalizing diplomatic relations between the U.S. and Cuba resume Friday. On the table: lifting a half-century trade embargo and easing banking and travel restrictions. There's opposition in Congress, but some analysts say there may be sufficient political and economic incentives in both nations for a potential breakthrough this year. VOA's Mil Arcega reports.
Video

Video Pakistan's Deadline For SIM Registration Has Cellphone Users Scrambling

Pakistani cell phone users have until midnight Thursday to register their SIM cards, or their service will be cut off. While some privacy experts worry about government intrusion, many Pakistanis are just worried about keeping their phone lines open. VOA Deewa reporter Arshad Muhmand has more from Peshawar.
Video

Video Myanmar Warns Factory Workers to End Strikes

Outside Myanmar's main city Yangon, thousands of workers walked off their jobs earlier this month demanding a doubling of their wages, pay raises after a year and input from labor unions on industrial regulations. Since Friday, the standoff has grown more tense as police moved in to disrupt the sit-ins, resulting in clashes that injured people from both sides. VOA correspondent Steve Herman visited industrial zones which have become a focus of Myanmar's fledgling workers rights movement.
Video

Video Oscar Winners Do More Than Thank the Academy

The Academy Awards presentation is Hollywood’s night to reward the best movies from the previous year. It’s typically a lot of glitter, a lot of thank you’s, a lot of speeches. But many of this year’s speeches carried messages beyond the thank you's. VOA’s Carolyn Presutti takes a look.

All About America

Circumventing Censorship

An Internet Primer for Healthy Web Habits

As surveillance and censoring technologies advance, so, too, do new tools for your computer or mobile device that help protect your privacy and break through Internet censorship.
More

New in Music Alley

 

 

 

 

Country-pop singer, Lizzie Sider sits down with "Border Crossings" host Larry London to perform songs from her new album, “Butterfly,” and to talk about her anti-bullying tour.

Blogs

African Music Treasures