Spotify Hit With Copyright-Violation Claims by Music Publishers; Streaming Giant Calls Allegations ‘False and Misleading’
UPDATED: Spotify was hit with a cease-and-desist letter from the National Music Publishers Assn. over its use of lyrics in its recently launched video function and podcasts, and its remix feature that enables users to speed up or otherwise edit songs to create derivative works. The trade association claims that such uses are copyright violations and must be paid for.
The letter is the latest move in several areas of conflict between the NMPA and songwriters’ groups on one side and Spotify on the other. The two side are also at odds over Spotify’s new premium subscription plans that combine music and audiobooks, which will mean a lower mechanical royalty rate for songwriters on those plans, although Spotify claims that earnings for creators will continue to rise due to increased volume.
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“It has come to our attention that Spotify displays lyrics and reproduces and distributes music videos and podcasts using musical works without the consent of or compensation to the respective publishers and/or administrators (our members) who control the copyrights in the musical compositions,” reads the letter, from NMPA’s general counsel and addressed to her counterpart at Spotify and the streaming giant’s head of music and audiobook businesses. “As such, these uses of musical works on the Spotify platform are not licensed or will soon become unlicensed.
“Regardless of the mechanical and public performance licenses Spotify may have, however, the use of lyrics and music in videos and podcasts on its platform requires rights that must be negotiated directly with rightsholders in a free market,” the letter continues, citing legal documents detailing the laws. “Spotify thus appears to be engaged in direct infringement by hosting unlicensed musical works in its lyrics, videos, and podcasts, and by distributing unauthorized reproductions, synchronizations, displays, and derivative uses of these musical works to its users. Making matters worse, Spotify profits from such infringement.”
It also singles out the platform’s “remix” feature, which enables users to speed up, mash up or otherwise edit songs to create new works out of those songs.
The letter then demands that Spotify remove any unlicensed lyrics, music videos and podcasts, or any remix feature, or face copyright liability.
In a statement, a representative for Spotify writes, “This letter is a press stunt filled with false and misleading claims. It’s an attempt to deflect from the Phono IV deal that the NMPA agreed to and celebrated back in 2022. We paid a record amount to benefit songwriters in 2023, and we are on track to exceed this amount in 2024. Spotify is a platform for licensed content. We are committed to the integrity of our platform, and we have a clear process in place for rights holders to contact Spotify about any content they believe is unlicensed.”
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