Podcast Takedown Actions: 2,500 Issued by Music Publishers Against Spotify

The National Music Publishers’ Association (NMPA) announced on Tuesday, February 4th, that it would initiate takedown notices to Spotify for 2,500 podcast episodes on its platform. These episodes reportedly feature unlicensed musical works sourced from 19 NMPA member publishers. This action underscores the ongoing challenges surrounding music licensing and the need for compliance within the digital audio landscape, particularly as podcasts continue to grow in popularity and reach.

NMPA president and CEO David Israelite stated, “Spotify has thousands of unlicensed songs in its podcasts, which it has done nothing to remedy. This takedown action comes as no surprise; we have warned of this issue for some time.” The NMPA indicates that this is merely the beginning of a series of takedown requests aimed at addressing widespread copyright infringement issues that threaten the livelihood of songwriters and publishers within the music industry. The movement aims to create a more responsible and fair environment for content creators.

This recent development marks yet another retaliatory move by the NMPA against Spotify, stemming from a significant cut in payments to its members for premium subscriptions that occurred last March. By introducing audiobooks into its premium service tiers, Spotify claimed eligibility for a discounted royalty rate, termed “bundle,” asserting that it would have to pay for both books and music at a single price point that was previously allocated solely for music. Israelite expressed strong opposition at the time, declaring a “war” on Spotify and vowing to take various actions to counter this strategy.

Among the actions taken were the issuance of cease and desist notices targeting podcast and video content on the platform that allegedly violated music intellectual property rights. Additionally, the NMPA proposed legislative changes aimed at overhauling the statutory license framework, lodged complaints with the FTC and nine state attorneys general, and more. Concurrently, the Mechanical Licensing Collective (MLC) also filed a lawsuit against Spotify, challenging the legality of the bundling strategy as unlawful, further intensifying the conflict over music rights.

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On January 26th, the Spotify bundling issue resurfaced in the media spotlight when Universal Music Group announced a new direct agreement with Spotify. This deal introduced changes to both recorded music and publishing royalty rates, representing the first direct arrangement between Spotify and a publisher since the enactment of the Music Modernization Act (MMA). Reports suggest that the agreement is poised to enhance compensation for UMG’s publishing entity, Universal Music Publishing Group, and its affiliated songwriters, which could lead to a more equitable landscape in music publishing.

Despite this progress, most other publishers, primarily members of the NMPA, continue to be subject to the baseline bundle rate. The NMPA conveyed to Billboard that the deal was “good news for the entire industry,” emphasizing that “a rising tide lifts all boats” and signaling that Spotify is once again engaging with stakeholders. However, the organization clarified that it has no intentions of ceasing any of the actions already initiated against Spotify, nor does the MLC plan to relent in its legal challenges.

A few days later, on January 29th, the MLC’s lawsuit against Spotify faced dismissal, with a federal judge ruling that Spotify’s bundling approach was supported by “unambiguous” regulations. The judge denied the MLC an opportunity to refile, asserting that the law is clear regarding Spotify’s practices. Nevertheless, the MLC retains the option to appeal the ruling in federal court, potentially prolonging the legal battle over music licensing and rights.

The initiation of these takedown requests illustrates that the NMPA remains steadfast in its stance against Spotify. Among the 2,500 takedown requests are podcasts that allegedly utilize unlicensed musical works from a variety of well-known publishers, including ABKCO, Anthem Entertainment, Big Machine Music, BMG, Concord Music Publishing, Downtown Music Publishing, Hipgnosis Songs Group, Kobalt, Mayimba Music, peermusic, Primary Wave Music, Reservoir, The Royalty Network, Inc., Sony Music Publishing, Spirit Music Group, Ultra Music Publishing, Universal Music Publishing Group, Warner Chappell Music, and Wixen Music Publishing.

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Israelite emphasized the importance of podcasts as a burgeoning revenue source for songwriters and publishers, stating, “It is essential that podcasts provide lawfully produced entertainment. This is not hard to do, and Spotify knows, and has known, how to fix this problem for their users. We hope podcast hosts will stand up for their fellow creators and demand that Spotify do better. Spotify will stop at nothing to undervalue songwriters on behalf of its bottom line. Look no further than its recent bundling scheme and its ill-conceived appeal of songwriters’ rate increase in CRB III. We will not stop until the platform fixes its podcast problem, and all other areas where songwriters are not earning what they deserve.”

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