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

China Investigates Former Powerful Security Chief

Former security chief and member of Politburo Standing Committee, Zhou Yongkang, under investigation for suspected 'serious disciplinary violation' More

India, US Look to Reset Ties During Kerry Visit

This week's talks will be first high level interaction between two countries since Prime Minister Narendra Modi took charge More

Video Young African Leadership Program Renamed to Honor Mandela

YALI program, launched by President Obama in 2010, aims to build skills in business, entrepreneurship, public management and civic leadership More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Vietnamese Staging Chinese Product Boycott After Oil Rig Spati
X
Reasey Poch
July 28, 2014 7:18 PM
China recently pulled an oil rig from an area of the disputed South China Sea that Vietnam also claims. Despite the action, the incident has had a lingering effect on consumers in Vietnam. VOA's Reasey Poch reports from Hanoi on an effort to boycott Chinese products.
Video

Video Vietnamese Staging Chinese Product Boycott After Oil Rig Spat

China recently pulled an oil rig from an area of the disputed South China Sea that Vietnam also claims. Despite the action, the incident has had a lingering effect on consumers in Vietnam. VOA's Reasey Poch reports from Hanoi on an effort to boycott Chinese products.
Video

Video ESA Spacecraft to Land on a Comet

After a long flight through deep space, a European Space Agency probe is finally approaching its target -- a comet millions of kilometers away from earth. Scientists say the mission may lead to some startling discoveries about the origins of the water on earth. VOA’s George Putic has more.
Video

Video Young Africans Arrive in US for Leadership Program

President Barack Obama's Young African Leadership Initiative has brought hundreds of young Africans to the United States for a six-week program aimed at building their knowledge and skills in fields such as public administration and business. Out of the 50,000 young Africans who applied for the program, just one percent was accepted. VOA's Laurel Bowman caught up with some of those who made the cut and has this report.
Video

Video In Honduras, Amnesty Rumors Fuel US Migration Surges

False rumors in Central America are fueling the current surge of undocumented young people being apprehended at the U.S. border. The inaccurate claims suggest the U.S. will give amnesty to young migrants from the region. As VOA's Brian Padden reports from Honduras, these rumors trace back to President Obama's 2012 executive order to halt deportations for some young undocumented immigrants already living in the United States.
Video

Video Students in Business for Themselves

They're only high school students, but they are making accessories for shoes, fabricating backpacks and doing product photography - all through their own businesses. It's the result of a partnership between a non-profit organization that teaches entrepreneurship and their schools. VOA's Mike O'Sullivan and Deyane Moses met the budding entrepreneurs near Los Angeles.
Video

Video Astronauts Train in Underwater Lab

In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.

AppleAndroid

New in Music Alley

The Hamilton Live

Acclaimed jazz saxophonist Tia Fuller has made a name for herself appearing with such high-profile artists as Beyonce, Esperanza Spalding, and Terri Lyne Carrington. Tia and her quartet performed music from her CD “Angelic Warrior” on our latest edition of "The Hamilton Live."