The National Music Publishers Association (NMPA) sent a cease and desist letter to Spotify, claiming that the streaming platform violated copyright law by using unlicensed lyrics in its new video and podcast features. The NMPA is also targeting Spotify's upcoming remix feature, which will allow users to edit artists' existing songs.
The general counsel for the NMPA wrote a letter to Spotify's attorneys and head of music and audiobook businesses, saying:
"It has come to our attention that Spotify displays lyrics and reproduces and distributes music videos and podcasts using musical works without the consent of or compensation to the respective publishers and/or administrators (our members) who control the copyrights in the musical compositions."
She continued, stating that these "musical works on the Spotify platform are not licensed or will soon become unlicensed."
The NMPA insists that Spotify must acquire the rights to these materials in order to use them in their video and podcast content.
"Regardless of the mechanical and public performance licenses Spotify may have, however, the use of lyrics and music in videos and podcasts on its platform requires rights that must be negotiated directly with rights holders in a free market," reads the letter.
The Association accuses Spotify of engaging in "direct infringement by hosting unlicensed musical works in its lyrics, videos, and podcasts, and by distributing unauthorized reproductions, synchronizations, displays, and derivative uses of these musical works to its users."
The letter continues, adding that the streaming giant "profits from such infringement."
Spotify has come under fire from the NMPA and songwriters' groups as it rolls out its new audiobook subscription. The subscription package, which costs $9.99 monthly, gives users access to 15 hours of audio books each month as well as Spotify's regular features, not its premium ad-free experience. These "bundled" subscription packages allow Spotify to reduce royalty rates for musicians.
Spotify raised all of its premium subscription rates by at least one dollar, but will not be providing artists with a larger payout.
"Spotify's attempt to radically reduce songwriter payments by reclassifying their music service as an audiobook bundle is a cynical, and potentially unlawful, move that ends our period of relative peace," said NMPA President and CEO David Israelite.
Another controversial upcoming Spotify update is a remix feature, which is still in development. The tool will grant listeners the ability to slow down, speed up or otherwise alter existing tracks. Both unofficial, illegally edited tracks and artist-created remixes have grown in popularity with the rise of TikTok and YouTube, with the former reporting that the app's most popular songs were sped-up remixes.
Spotify's "Music Pro" subscription will allow users to "set the tempo range for your mix and set the vibe for your mix." Subscribers will reportedly be able to "insert and edit transitions between tracks," along with adjusting a song's BPM.
Should Spotify fail to remove unlicensed lyrics, music videos and podcasts, or any remix feature, the NMPA will move forward with legal action.
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