May 17 (Reuters) - Spotify ( SPOT ) has been hit with a lawsuit
in New York federal court that accuses the streaming giant of
underpaying songwriting royalties for tens of millions of songs.
The lawsuit, filed late Thursday by the royalty-gathering
nonprofit Mechanical Licensing Collective, said that Spotify ( SPOT )
underreported its revenue by nearly half in order to avoid
paying millions of dollars that it owes to the group.
The complaint cites a Billboard report that estimates
Spotify's ( SPOT ) move could cost songwriters nearly $150 million over
the next year.
"Spotify ( SPOT ) paid a record amount to publishers and societies in
2023 and is on track to pay out an even larger amount in 2024,"
a Spotify ( SPOT ) spokesperson said in a statement on Friday. "We look
forward to a swift resolution of this matter."
MLC chief executive Kris Ahrend said in a statement that the
collective "takes seriously its legal responsibility to take
action on behalf of our members when we believe usage reporting
and royalty payments are materially incorrect."
U.S. law allows streaming services like Spotify ( SPOT ) to obtain a
blanket "compulsory license" to copyrighted music at a specific
royalty rate. The U.S. Copyright Office appointed MLC to collect
royalties for songwriters and music publishers.
The group's lawsuit said that after adding audiobook access,
Spotify ( SPOT ) incorrectly recharacterized its service in a way that
would significantly reduce the amount of royalties it owed under
the license, "even though there has been no change to
[Spotify's ( SPOT )] Premium plan and no corresponding reduction to the
revenues that Spotify ( SPOT ) generates."
"Spotify's ( SPOT ) attempt to reduce its mechanical royalties has
resulted in a clear breach of its obligations," the complaint
said.
The MLC asked the court for an unspecified amount of
monetary damages for Spotify's ( SPOT ) alleged unpaid royalties and late
fees.
The case is Mechanical Licensing Collective v. Spotify USA
Inc, U.S. District Court for the Southern District of New York,
No. 1:24-cv-03809.
For the MLC: Jay Cohen and Darren Johnson of Paul Weiss
Rifkind Wharton & Garrison
For Spotify ( SPOT ): attorney information not yet available