Lowery v. Rhapsody International, Inc

United States District Court Northern District Of California

Case No. 4:16-cv-01135-JSW

If you own music that was streamed on Rhapsody without voluntary or compulsory licenses, you could get compensation from a Class Action Settlement.   

  • A proposed settlement has been reached against Rhapsody International Inc. (“Rhapsody”) in a case known as Lowery et. al. v. Rhapsody International, Inc. et al. concerning the mechanical royalties of certain copyright holders. Plaintiffs allege Rhapsody unlawfully reproduced and distributed certain copyrighted musical compositions to Rhapsody’s users via its music streaming service. Rhapsody denies the allegations and does not admit liability in agreeing to the Settlement. Those included in the Settlement have legal rights and options and deadlines by which they must exercise them.•You may be a Class Member if you are the owner of mechanically distributed and/or reproduced rights in Qualifying Registered Works that were made available or played on the Rhapsody music service in the United States from March 7, 2013 (registered with the U.S. Copyright Office on or before March 7, 2016) to March 21, 2019 and Qualifying Unregistered Works that were not registered with the U. S. Copyright Office.
  • You may be a Class Member if you are the owner of mechanically distributed and/or reproduced rights in Qualifying Registered Works that were made available or played on the Rhapsody music service in the United States from March 7, 2013 (registered with the U.S. Copyright Office on or before March 7, 2016) to March 21, 2019 and Qualifying Unregistered Works that were not registered with the U. S. Copyright Office.
  • For each validly claimed Qualified Registered Work that was played at least once in its entirety, Rhapsody will pay up to $35 (reduced pro-rata where there is more than one claiming rights holder for the same work or the total amount of claims exceeds a set cap of $10,000,000. To be eligible, the work: (a) must have been registered with the Copyright Office; (b) for songs with a street release date prior to March 7, 2016, the copyright must have been registered prior to March 7, 2016; (c) for songs with a street release date after March 7, 2016, the copyright must have been registered within three months of the street release date; and (d) must be one for which Rhapsody did not have a voluntary or compulsory license.
  • For each validly claimed Qualified Unregistered Work that was played more than 24 times in its entirety by someone other than the copyright holder and for which Rhapsody did not have a voluntary or compulsory license, Rhapsody will pay $1.00 (reduced pro-rata where there is more than one claiming rights holder for the same work or the total amount of claims exceeds a set cap of $10,000,000.)

The cap referenced above could increase up to $20 million under  certain circumstances. For more information about those  circumstances, please see paragraphs 82-89 of the Settlement  Agreement.

Please read this Website carefully. Your legal rights are affected, whether you act or do not act. You are encouraged to periodically check this website, because it will be updated with additional information.


SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:


DO NOTHING

You give up your rights for the claims resolved by this Settlement in relation to Rhapsody’s stream of works in which you own the mechanical rights.

You will be bound by all decisions of the Court.


SUBMIT A CLAIM FORM


This is the only way to get a payment.

File the Claim Form online no later than December 31, 2019 or file by mail postmarked by December 31, 2019.


EXCLUDE YOURSELF

Exclude yourself from the Settlement. You get no payment under the Settlement. This is the only choice that allows you to sue Rhapsody on your own about the claims discussed in the Notice. 

File an Exclusion online no later than July 5, 2019 or file by mail postmarked by July 5, 2019.

OBJECT TO THE SETTLEMENT

You can write to the Court or appear at the Hearing to state why you disagree with the Settlement or any part of it.

File an Objection online no later than July 5, 2019 or file by mail so it’s postmarked by July 5, 2019.


The establishment of this website has been authorized by the Court. The website is supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-833-253-8061

Submit Claim

Click here to safely and securely submit a Claim Form.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Exclusion

Submit Exclusion Request

Important Dates

  • Exclusion Deadline.

    Friday, July 5, 2019 You must complete and mail your request for exclusion form so that it is postmarked no later than Friday, July 5, 2019.
  • Objection Deadline.

    Friday, July 5, 2019 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Friday, July 5, 2019.
  • Claim Form Deadline.

    Tuesday, December 31, 2019 You must submit your Claim Form on-line no later than Tuesday, December 31, 2019, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, December 31, 2019.
  • Final Approval/ Settlement Fairness Hearing Date.

    Friday, March 13, 2020

    The Final Approval/ Settlement Fairness Hearing is scheduled for Friday, March 13, 2020 at 9:00 am PT. Please check this website for updates.

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