Ferrick v. Spotify USA Inc.

OVERVIEW OF THE SETTLEMENT

On May 26, 2017, the parties entered into a settlement resolving a class action lawsuit alleging that Spotify made certain musical compositions available on its service without a license. The two sides disagree about whether Spotify engaged in any wrongdoing and whether it is subject to any liability. The Court has not decided which side is right. To view the Settlement in its entirety click here.

On June 29, 2017 the Court issued an Order Granting Plaintiffs’ Unopposed Motion for Preliminary Approval of Settlement. The Court held a fairness hearing on December 1, 2017.

On May 22, 2018, the Court entered an Order and Final Judgment Approving Class Action Settlement. There have been five appeals filed after the Court's order was entered on May 22, 2018, all of which have since been resolved.

On April 15, 2019, the Court’s order finally approving the settlement became the Final Order and Judgment. Because all appeals were dismissed and no certiorari petitions were filed after the last appeal was dismissed, the Effective Date of the settlement is April 15, 2019.

Per the terms of the Settlement Agreement, the deadline to submit a settlement Claim Form elapsed on December 11, 2019. We are no longer able to accept new settlement Claim Forms for a payment from the Settlement Fund. However, even if you did not submit a valid Claim Form for payment from the Settlement Fund, you may still be eligible to participate in the Future Royalty Payments Program.

Per the terms of the Settlement Agreement, the Future Royalty Payments Program Website became operational on March 25, 2020. The online Royalty Claim Form is available here. Paper Royalty Claim Forms are also available for download here.

Class Counsel encourages Future Royalty Payments Program claimants to utilize the services provided by the Settlement Claim Facilitator (“RRC”). Through the RRC Portal, claimants can locate and identify tracks embodying works that were made available on Spotify’s service. They will also be able to search the US Copyright Office database to obtain the copyright registration numbers for those works needed to submit a claim.

On May 26, 2020, checks constituting Settlement Payments were mailed to Authorized Claimants. Please allow up to 2 weeks for delivery. You can read about how the Settlement Payments were calculated in the Settlement Agreement, beginning on page 31, paragraph 3.5 - Allocation of Net Settlement Fund. Please click here for a copy of the Settlement Agreement. If you have any questions about your Settlement Payment, please contact the Settlement Administrator at 1-855-474-3853 or P.O. Box 3560, Portland, OR 97208-3560.

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Notice To National Music Publishers’ Association ("NMPA") Members

If you are an NMPA member and a party to a Participating Publisher Pending and Unmatched Usage Agreement entered into in 2016, in accordance with the March 17, 2016 Pending and Unmatched Usage Agreement between Spotify and the NMPA, you are excluded from the Settlement Class (and therefore cannot participate in the Future Royalty Payments Program). Please see the Settlement Notice for the complete list of exclusions from the Settlement Class.

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Your rights—and the deadlines to exercise them—are explained on this website and on the Settlement Notice.

Your Legal Rights and Options in This Settlement

Remain in the Settlement Class and Submit a Claim Form to Receive Payment	By doing nothing, you remained part of the Settlement Class. The Settlement was approved by the Court, so you may be entitled to receive the benefits of the Settlement— including a payment from the Settlement Fund and future royalties—if you submit a claim and it is valid, complete, and timely submitted. The deadline to file a claim for the Settlement has passed. But you can still file a claim for the Future Royalty Payments Program.
Exclude Yourself	Get no benefit and avoid being bound by the Settlement. This is the only option that allows you ever to be part of a different lawsuit against Spotify concerning the legal claims in this case. The deadline for excluding yourself has expired.
Object	Write to the Court about why you don't like the Settlement. The deadline for objecting has expired.
Go to a Hearing	Ask to speak in Court about the fairness of the Settlement. The Court already held a fairness hearing on December 1, 2017, and the time to object has expired.