Spotify file third-party claim against Kobalt, over Eminem songs copyright dispute

Kobalt Music Publishing is now subject to a third-party claim, made by Spotify, with allegations of copyright infringement, in relation to 243 of Eminem’s songs. The dispute stems from  a previous lawsuit, back in August 2019, conducted by Eight Mile Style, the publisher of the songs in question. The latter alleged that Spotify were wilfully infringing the copyright of the content, by hosting it on their streaming platform. It was further insisted that Spotify held no license to distribute the musical content and had not paid Eight Mile Style for the streams.

It is now Spotify who are placing the fault on Kobalt, whom hold a deal with Eight Mile to license the musical content. In their suit, Spotify insist that Kobalt led them to believe Eight Mile’s songs were included in the licensing agreement between the two companies. Furthermore, Spotify’s licensing agreement, with Kobalt, indemnifies the streamer against third party claims of infringement.

Eight Mile Style insists that the administration deal does not allow Kobalt to enter into agreements on its behalf and that it did not consent to their music being licensed to Spotify. Spotify is now suing Kobalt for breach of contract, alongside other factors,  and argue that if they are found to infringe, due to improper license, then Kobalt is to blame for allowing belief that proper licenses were present. As a result of the potential negligent and/or intentional misrepresentation, Spotify have asked the court to order Kobalt to pay its court fees, as well as cover judgement which may arise from the initial claim, made by Eight Mile. Kobalt have since responded by insisting that the company “has not breached its agreement with Spotify and will vigorously defend against these baseless allegations”.

Despite the ongoing copyright dispute, Spotify has recently made headlines as it finally lifts its 10,000 song cap, meaning users hold an unlimited library while using the streaming service online. However, the limit is still present if you plan on using the music platform while offline.

Be sure to keep an eye out on our Reading Room for any further updates on the above matter. If you have an issue regarding copyright infringement, or any other related matter, please do not hesitate to get in touch with the Lawdit team today.

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