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The Music Modernization Act, which aims to simplify the licensing process for technology companies, allows them to license songs from unknown owners by placing them in a category called Copyright Control. The lawsuit alleges that Spotify has placed Eminem's songs, including the award-winning film "Lose Yourself", in this category, although she has full knowledge of the ownership of these songs. Even if they were not familiar with Eminem's songs, they could have simply gone for the titles; the MMA requires a good faith effort to determine the owner of a song before placing it in the Copyright Control category. The statement asserts that Spotify "did not make commercially reasonable efforts to match sound recordings to eight-mile compositions, as required by the MMA."
The prosecution then challenges the constitutionality of the MMA, as the law essentially prohibits copyright owners from suing streaming companies for offenses that occurred prior to its promulgation. This stipulation puts the MMA in violation of the fifth amendment's procurement clause, according to the lawsuit, giving companies a clean slate and a card "get out of jail for free".
Eight Mile Style is suing for what could be billions of damage, but they also have a downturn; The lawsuit will also seek maximum legal damages, which would equate to $ 150,000 for each of the 243 songs on Spotify, for $ 36.45 million.
The publishing group is represented by Richard Busch, whose arguments have helped illuminate the digital era of music sales. In the past, he represented Eight Mile Style and successfully sued Apple and Aftermath Records for not obtaining the necessary licenses before selling Eminem's songs on iTunes.
It is not surprising that even a high profile artist like Eminem is facing challenges such as Spotify. Although positioned as an outsider, the streaming company now belongs in part to powerful organizations such as Warner, Sony and Universal, which seem to benefit much more from the law on the modernization of music than artists. It is unlikely that Eminem is the only artist whose music has not been properly licensed by Spotify given the MMA's loose rules. It is possible that we will soon hear more musicians.
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