Ferrick v. Spotify USA Inc.

OVERVIEW OF THE PROPOSED SETTLEMENT

On May 26, 2017, the parties entered into a settlement which resolves 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.

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

Per the terms of the Settlement Agreement, claim filing began on May 15, 2019. The Settlement Claims Webpage (“Claims Webpage”) is now operational and available for use by Settlement Class Members. Claim forms are also available for download from the website here. Class Counsel encourages Settlement Class Members to file their claims through the Claims Webpage and utilize the services provided by the Settlement Claim Facilitator.

Royalty Review Council (“RRC”) is the third-party service provider retained by Class Counsel to act as the Settlement Claim Facilitator to assist Class Members with the completion and submission of a Claim Form.

Through the Settlement Claim Facilitator Webpage (“Portal”) developed by RRC, you can locate and identify tracks embodying works that were made available on Spotify’s service during the Class Period. You 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.

You can access the Portal here.

Class Counsel strongly encourages you to utilize the Portal since it can greatly assist you in submitting a claim. You can compile and download the track and copyright information you need for your claim online through the Portal, and export a spreadsheet to upload with your claim back on this Settlement Claims Webpage.

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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 connection with the Pending and Unmatched Usage Agreement dated as of March 17, 2016 between Spotify and the NMPA, you are excluded from the Settlement Class. 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 remain part of the Settlement Class, and do not need to take any immediate action. The Settlement has been approved by the Court, and pending the outcome of appeals, if any, 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. You will need to visit this website at a later date to complete and submit a claim form. At that time, this website will include a database of Spotify tracks to assist the submission of Claim Forms by Settlement Class Members. The deadline to submit a claim will be 210 days after the Settlement Claims Start Date, once established.
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 has already held a fairness hearing on December 1, 2017, and the time to object has expired.