SONY MUSIC 以1270萬美元與(RICK NELSON)財產管理 達成版權和解

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  • SONY MUSIC 以1270萬美元與(RICK NELSON)財產管理 達成版權和解

      202101/0802:59

    ◎根據在美國提交的和解協議,SONY MUSIC已同意在1950年代流行歌手(Rick Nelson)提出的集體訴訟中,向藝人支付1,270萬美元。除了一次性支付1,270萬美元外,SONY MUSIC還同意認可所有參加集體訴訟而受影響藝人的錄音著作正當性,未來版稅也將因此增加36%。
    ◎傳統上,在國外進行唱片銷售(或相關收入收取)時會產生公司間的費用,此後,這筆錢透過在音樂公司的國際子公司之間付款,而流回了藝人的祖國。(RICK NELSON ESTATE)聲稱,SONY透過對在美國境外收取“公司間費用”,不當減少了(RICK NELSON)唱片的外國串流媒體版稅。該訴訟進一步聲稱,SONY MUSIC將藝人的版權費率作為剩餘費用的依據,違反了藝人補償協議的條款。(Nelson)的法律小組建議,由於SONY的作品目錄很大,和解可能會影響成百上千的集體成員。
    ◎(Nelson)發行了30多張專輯,並且還獲得了《Por Little Little Fool》,《Lonesome Town》和《Travelin’Man》等十大熱門歌曲,並於1976年8月與(CBS Records)簽約。1987年,SONY收購了CBS,透過評估國際銷售的公司間費用,SONY不合理地將賺取的國際收入減少了68%。
    ◎根據SONY與NELSON ESTATE的和解協議。SONY認為,和解僅是為了避免冗長而昂貴的訴訟,絲毫不承認任何過錯,不當行為或任何責任。

    詳細全文:

    Sony Music has agreed to pay $12.7 million to artists in a class action lawsuit brought by the estate of 1950s pop star Rick Nelson, according to a settlement agreement filed in the US on Friday (September 4).
    Nelson’s lawsuit challenged the legality of Sony Music Entertainment [SME] applying an “intercompany charge” on international streaming revenue before calculating an artist’s royalty payment.
    In addition to that one-off $12.7m payment, Sony has agreed to increase the future royalty payments calculated on ex-US streaming revenues by 36% for the “qualifying recordings” of all affected artists who opt-in to the class action.
    A motion for preliminary approval of the settlement, also filed Friday, suggests that this 36% increase will see class members paid “many millions of dollars” in addition to the initial $12.7m settlement amount.
    The 36% royalty uplift will be applied retrospectively to eligible foreign streams from July 1, 2019 onwards.
    The $12.7m, meanwhile, will be shared on a pro rata basis between class members (i.e. eligible Sony artists who opt in to the class action, including Nelson’s estate) via a “common fund”.
    Nelson’s legal team suggests that, due to the vast size of Sony’s recordings catalog, the settlement could affect “hundreds, if not thousands, of class members”.
    Traditionally, “intercompany” charges have arisen when a record sale (or related revenue collection) has taken place abroad, after which that money has worked its way back to an artist’s home country by being paid between international subsidiaries of a music company.
    Nelson’s estate, controlled by Nashville-based Nelson LLC, claimed that Sony “improperly reduced the foreign streaming royalties” for Nelson’s recorded music by applying an “intercompany charge” on revenues collected outside the US.
    Friday’s motional for preliminary approval – which you can read here – states that Sony’s initial $12.7m payment into a “common fund” is equivalent to an approximate 36% uplift on foreign streaming royalties for class members between July 1, 2015 and June 30, 2019.
    Nelson’s estate alleged in its suit, originally filed in September 2018 and which you can read here, that “by assessing an intercompany charge for international sales, [Sony] impermissibly takes up to 68% off the top of the international revenue earned from streaming sales”.

    The suit further claimed that SME “bases the artist’s royalty rate on the remainder, which methodology directly violates the terms of the [artist] Compensation Agreements”.
    Nelson, who released over 30 albums and also had several Top 10 hits such as Poor Little Fool, Lonesome Town, and Travelin’ Man, signed a deal with CBS Records in August 1976. CBS was acquired by Sony in 1987.
    “BY ASSESSING AN INTERCOMPANY CHARGE FOR INTERNATIONAL SALES, [SONY] IMPERMISSIBLY TAKES UP TO 68% OFF THE TOP OF THE INTERNATIONAL REVENUE EARNED FROM STREAMING.”
    RICK NELSON ESTATE’S LAWSUIT, FILED IN 2018
    The 2018 suit argued that Sony “is contractually required to pay artists a portion of the international revenue it receives from the exploitation of [Nelson’s] and Class members’ artistic works from digital streaming abroad”.
    Nelson LLC’s suit said that the artist’s contract with Sony did not allow the record company to assess an “intercompany charge” for international sales that were reported through its wholly-owned subsidiaries.
    It claimed: “Despite this fact, [SME] did, and continues to, assess an intercompany charge for international sales”.
    Sony Music declined to comment, but according to the settlement agreement filed on Friday, SME “denies all allegations of wrongdoing, fault, or liability, or that it has acted improperly in any way”.
    “SONY MUSIC] DENIES ALL ALLEGATIONS OF WRONGDOING, FAULT, OR LIABILITY, OR THAT IT HAS ACTED IMPROPERLY IN ANY WAY.”

    SONY AND NELSON ESTATE SETTLEMENT AGREEMENT
    It adds: “[Sony] believes that this Action lacks merit; would have continued to resist vigorously Plaintiff’s claims and contentions and would have continued to assert its defenses thereto had this Stipulation not been reached; and has entered into this Stipulation to put the Released Plaintiff Claims to rest finally and forever solely for the purpose of avoiding prolonged and expensive litigation, without acknowledging in any way any fault, wrongdoing or liability whatsoever.”Music Business Worldwide

     

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