Internet: Definition of ‘Interactive Radio Service’ At Center of Conflict
More than a dozen record labels are suing Rancho Bernardo-based Musicmatch Inc., alleging its Internet radio service infringes their copyrights.
The labels filed the suit June 8 in U.S. District Court for the Southern District of New York.
They allege Musicmatch Radio listeners are able to tailor programming too specifically to their preferences, thereby violating copyright law.
The suit asks for the service to be shut down, and for damages of up to $150,000 per work infringed, plus attorneys’ fees.
Musicmatch responded with a statement calling the suit “unnecessary” and expressing confidence the Manhattan court will take its side in the matter.
At the heart of the argument is whether Musicmatch Radio is an “interactive” service. The lawsuit alleges it is. Musicmatch says it is not.
Musicmatch’s radio service lets listeners specify their musical preferences. For example, they can submit the names of favorite artists, or can specify the tempo of music they would like to hear.
“Musicmatch uses patent-pending personalization technology to create a finite number of pre-defined, consumer-influenced stations, which Musicmatch Radio listeners are then matched with based on the criteria they select,” read a June 1 statement from Musicmatch. “The service does not create individual stations for individual users or allow users to select specific audio recordings.”
The June 8 suit against Musicmatch was part of a late spring flurry of lawsuits involving Internet music “Webcasters:”
– The record labels also filed suits against three Internet businesses similar to Musicmatch: Launch Media, MTVi and Xact Radio.
– Webcasters, for their part, are pursuing their own lawsuit. The Arlington, Va.-based Digital Media Association, along with companies like Musicmatch, filed suit June 1 in U.S. District Court for the Northern District of California, asking for an interpretation of the Digital Millennium Copyright Act. According to a Musicmatch statement, the Webcasters want a decision on whether services like Musicmatch Radio are eligible for webcasting licenses.
– The June 1 statement from Musicmatch called attention to yet another legal move: The statement said during the last week in May, the Recording Industry Association of America had filed a motion with the U.S. Copyright Office to exclude Musicmatch and six other Webcasters from participating in copyright arbitration.
In the wake of all this, Musicmatch released a statement June 8.
The statement said the company “has gone to great lengths to ensure that its Internet radio service adheres to both the letter and the spirit of the (Digital Millennium Copyright Act), and we continue to demonstrate our unwavering support for the rights of copyright holders.
“Musicmatch understands that there is a need for clarification on the degree of consumer influence permitted under the DMCA’s compulsory license, and, on June 1, asked the (San Francisco) court to clarify which services would be eligible for compulsory licenses under the DMCA.
“The DMCA and subsequent statements made by the U.S. Copyright Office clearly indicate that Congress intended to allow Internet radio services to offer some level of ‘consumer influence’ while still remaining non-interactive and eligible for DMCA compulsory licenses,” the statement continued.
“DMCA defines an interactive service as one that creates a program specifically for an individual or allows individuals to request and receive a specific sound recording , neither of which is offered by Musicmatch Radio.”
