Semel Explains How Music Modernisation Act Will Reform Digital Licensing

In late 2017, days before Spotify allegedly planned to commence its initial public offering, Wixen Music Publishing filed a $1.6 billion lawsuit for copyright infringement against the streaming service giant. The suit seeks damages stemming from Spotify's alleged use of thousands of songs without appropriate licenses, and also seeks injunctive relief which would require Spotify to implement procedures for identifying and properly licensing songs.

Benjamin Semel, a partner in  Pryor Cashman's Music Litigation practice who has spoken extensively on the lawsuit, recently told IPPro the Internet, "this suit speaks to the risk for music services like Spotify of a strategy to seek forgiveness rather than permission." He noted, "The law sets out a very specific process that must be followed to compel [songwriters and publishers to license their songs]. Failure to follow the process in good faith...can leave a music service like Spotify asking for forgiveness from an