Melissa Ferrick et al v. Spotify USA Inc., et al
Filing 507
ORDER GRANTING DEFENDANT SPOTIFY USA INC.'S UNOPPOSED MOTION TO MODIFY FINAL JUDGMENT. IT IS HEREBY ORDERED: 1. Paragraph 4.3 of the settlement agreement is amended to add a new subparagraph 4.3(s), which states: "Spotify may satisfy its ob ligations under the Future Royalty Payments Program for usage for the period between the Preliminary Approval Date and December 31, 2020 by accruing and paying royalties to the mechanical licensing collective ("MLC") recognized pursuant to the Music Modernization Act, 17 U.S.C. § 115(d). If Spotify does so, it will not be obligated to pay duplicative royalties for a particular Claimed Musical Work and accordingly need not pay royalties for a Claimed Musical Work under both the Fut ure Royalty Payments Program and to the MLC, and as further specified and set forth herein. Paragraph 4.4 of the settlement agreement is amended to add new subparagraph 4.4(e), which shall state: "If a dispute regarding mechanical royalties for Claimed Musical works is subject to the procedures prescribed under 17 U.S.C. § 115(d)(3)(K), those procedures shall govern the resolution of that dispute rather than the procedures of paragraph 4." Subparagraph 4.3(c) of the settlement agr eement is amended to add the following two sentences at the end: Because the mechanical licensing collective ("MLC") has established a process for copyright owners to claim or identify their musical works in order to obtain royalties from d igital music providers seeking a blanket license under 17 U.S.C. § 115(d), and as further specified and set forth in this Order Granting Defendant Spotify USA Inc.'s Unopposed Motion to Modify Final Judgment. It is so ordered. In reaching t his determination, the Court has also considered Class Counsel's submission as well as Spotify's supplemental submission. Dkt. Nos. 505, 506. SO ORDERED. Granting 501 Motion to Alter Judgment re: 501 MOTION to Alter Judgment re: [42 0] Judgment, Terminate Motions, Add and Terminate Parties (Unopposed). 420 Judgment, Terminate Motions, Add and Terminate Parties. (Signed by Judge Alison J. Nathan on 5/10/2021) (rjm) Transmission to Orders and Judgments Clerk for processing.
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