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Music Publishers Sue XM Radio

EMI Music Publishing,
Warner/Chappell Music, Sony/ATV (Michael Jackson) Music and Famous Music are
seeking damages for their compositions distributed over the service.
"We’ve read that XM paid Oprah $55 million to develop content,"
remarked NMPA President/CEO David Israelite. "Yet they haven’t paid one
penny to creators of music for copies on these devices."$…dline_id=n16326

Music Publishers Sue XM Radio

Associated Press
By SETH SUTEL 03.23.07, 12:38 PM ET

A group representing music publishers is suing XM Satellite Radio, saying that
XM violates copyright laws by giving users the ability to store and replay
songs on certain devices.

The National Music Publishers’ Association claimed in a lawsuit filed in
federal court in New York Thursday that XM Satellite Radio Holdings Inc.
(nasdaq: XMSR – news – people ) offers an unlawful music download service that
isn’t covered by the royalties it pays to music publishers for broadcast

The suit targets an XM service called "XM (plus) MP3," which allows
XM subscribers to store songs on portable players and play them back later. The
songs remain on the device as long as the customer subscribes to XM.

Like its rival Sirius Satellite Radio Inc. (nasdaq: SIRI – news – people ), XM
offers dozens of channels of commercial-free music as well as talk and news
channels for a monthly fee of about $13. Sirius has agreed to buy XM, but the
deal faces a tough regulatory review in Washington.

The music publishers’ lawsuit is similar to another filed against XM last year
by a group representing major record label companies, the Recording Industry
Association of America. That case is still pending.

Like traditional radio broadcasters, satellite radio services must pay the
publishers of music and record labels royalties for the right to broadcast

XM radio lawsuit: More
copyright woes

Satellite radio provider
being sued by another music group for copyright infringement.

March 22 2007: 8:39 PM EDT

LOS ANGELES (Reuters) — The National Music Publishers’ Association (NMPA)
filed a lawsuit against XM Satellite Radio Holdings Inc on Thursday for
providing radios that allegedly let users reproduce and distribute copyrighted
music without paying appropriate royalties.

The publishers said the
suit alleges that XM engages in massive copyright infringement with devices
that provide its service known as "XM + MP3," which lets listeners
store songs they hear on XM’s service and arrange them into playlists.

In a statement, the
publishers’ group said the suit, filed in New York federal court following
months of failed negotiations, includes such well-known songs as "Let it
Be," "My Heart Will Go On" and "Me and Bobby McGee."

The complaint seeks a
maximum of $150,000 in statutory damages for each work infringed by XM, and
lists over 175 songs as a "small fraction" of those being illegally
distributed through the "XM + MP3" service.

In a statement, XM said the
lawsuit was a negotiating tactic to gain an advantage in ongoing business

Last year, the Recording
Industry Association of America (RIAA) filed a similar copyright infringement
lawsuit against XM on behalf of its record label members.

National Music Publishers Association (NMPA) Press Release:

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