June 24, 2015

The New York Law Journal has named Jenner & Block’s victory for client EMI Recorded Music among the top 25 New York verdicts of 2014.  In the long-running copyright infringement case, the firm’s clients argued that a pair of online music sites willfully allowed illegal sharing of music.  In March 2014, a federal jury in New York found MP3tunes, Inc. (a now-bankrupt online music storage locker service) and its former CEO Michael Robertson liable for infringing more than 2,000 copyrights in sound recordings, compositions and cover art owned by EMI, as well as by EMI Music Publishing Ltd., a co-plaintiff in the litigation.  The case was significant because the jury found that that MP3Tunes and Robertson had displayed “willful blindness” to infringement and, therefore, were not protected by the Digital Millennium Copyright Act’s safe harbor provisions.  The team representing EMI Recorded Music was led by Partners Andrew H. Bart and Luke C. Platzer.