October 09, 2013

Jenner & Block won a victory for client UMG Recordings in its infringement battle against online music service Grooveshark.  UMG had sued  Grooveshark, alleging massive infringement of UMG’s common law copyrights in its pre-1972 sound recordings.  Grooveshark argued that it was protected by the federal Digital Millennium Copyright Act’s safe harbor provision.  In April, the firm won an appeal before New York’s Appellate Division, which agreed that the federal safe harbor cannot be used as a shield from infringement claims based on pre-1972 recordings because they are covered by state law, not federal law.  On October 9, the Appellate Division denied Grooveshark’s bid to take the April ruling to the Court of Appeals.  Partners Andrew H. Bart and Gianni P. Servodidio are mentioned as representing UMG in a Law360 article about the ruling.  The team also includes Associates Lindsay W. Bowen and Alison I. Stein.