Ministry of Sound lawsuit against Spotify may have implications for playlist makers
Ministry of Sound, the well-known dance music brand, launch UK copyright infringement proceedings against the music-streaming service Spotify on the grounds that it has refused to take down users’ playlists that copy many of Ministry’s compilation albums.
What happens when a compiler of well-known dance songs sues the most popular alternative to music piracy for copyright infringement? The High Court will ultimately decide the outcome, but there appears to be a growing sense of ill will towards the Ministry of Sound (MoS) which raised an action against Spotify for copyright infringement this week. Although MoS has granted Spotify a license to use the songs, MoS has launched a compliant that Spotify has refused to take down user’s playlists and remove users that mimic MoS’s compilations. In order to prove that there is a right in IP over the playlists, MoS will have to prove that there was an “intellectual creation” in the way it compiled its songs as defined by section 3A of the Copyright, Designs, and Patents Act 1988, namely:“[A] ‘database’ means a collection of independent works, data or other materials which –(a) are arranged in a systematic or methodical way; and(b) are individually accessible by electronic or other means”.It is important to note that Ministry of Sound does not offer its compilation albums on Spotify. It claims that users are compiling the songs from other sources and then naming the playlist as “Ministry of Sound”. This is because MoS chief executive Lohan Presencer believes that Spotify has a “business model does not recognise that our products have any material value. It doesn't consider them worth licensing. Which would be entirely its prerogative had our paths not crossed”.Because MoS only compiles the songs that other artists have agreed to license to Spotify, it feels the value is in the way that it compiles the songs, rather than the song itself. Prima facie, this is going to be an interesting dispute for IP commentators to watch. The law regulating the use of databases ( a compilation is a form of database) is a confusing and difficult area of copyright law. Take for example Recital 19 of the EU Directive on Databases. It states: "Whereas, as a rule, the compilation of several recordings of musical performances on a CD does not come within the scope of this Directive, both because, as a compilation, it does not meet the conditions for copyright protection and because it does not represent a substantial enough investment to be eligible under the sui generis right."