Jenner & Block

Firm Represents SoundExchange in Digital Royalties Suit

Jenner & Block Partner Michael B. DeSanctis is representing SoundExchange Inc. in its suit alleging that radio station Sirius XM Radio Inc. owes at least $50 million in underpayments of digital royalties.  A nonprofit performance rights organization, SoundExchange collects royalties based on a formula developed by the federal Copyright Royalty Board.  The complaint argues that Sirius violated the federal Copyright Act by illegally deducting pre-1972 recordings and taking exemptions for radio packages that include music.  Filed August 26, 2013, in D.C. federal court, the suit asks for damages of up to at least $50 million and up to $100 million or more.  Michael and the firm are mentioned by outlets covering the suit, including Law360, the Blog of the Legal Times and the Am Law Litigation Daily.