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The Hollywood Reporter, Billboard and Digital Music News explored a copyright lawsuit involving Simpson Thacher client Spotify, a leading music, podcast and video streaming service. The articles highlight Spotify’s assertion, made via a motion for a more definite statement, that “streaming” – by its very definition – cannot infringe upon either the reproduction right under 17 U.S.C. § 106(1) or the distribution right under 17 U.S.C. § 106(3). “Plaintiffs allege that Spotify 'reproduce[s]' and 'distribute[s]' Plaintiffs’ works, thereby facilely checking the boxes to plead an infringement of the reproduction and distribution rights," according to the Firm’s motion. “The only activity of Spotify’s that Plaintiff identifies as infringing is its “streaming” of sound recordings embodying Plaintiff’s copyrighted musical compositions.”

The case was filed by songwriter Bob Gaudio (of the Four Seasons fame), who objected to a court-approved settlement of a putative class action copyright dispute.  

The Simpson Thacher team includes Partner Jeffrey Ostrow (Palo Alto), Counsel Christopher Sprigman (New York) and New York Associates Sarah Sheridan and Larry Huang.