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Sony Music and ’90s Rockers Lit Settle Streaming Royalties Lawsuit

A “settlement in principle” was reached on July 7

“My Own Worst Enemy” rockers Lit have settled their lawsuit against Sony Music Entertainment over an alleged breach of contract and unpaid streaming royalties.

Backstory:

  • The case was brought by frontman A. Jay Popoff, guitarist Jeremy Popoff, bassist Kevin Baldes, and the estate of late drummer Allen Shellenberger.

  • Sony – which acquired RCA Records well after the band signed to the label in 1998 – had been paying a 14% royalty rate for the group’s streams.

  • The band argued their 1998 RCA contract entitled them to 50% of net receipts whenever a master is licensed, contending that on-demand streams should be treated as “master use” licenses rather than sales.

  • As a result, the band claimed to be owed more than $800,000 in underpaid streaming royalties.

  • It’s worth noting that neither streaming services nor Napster existed when the RCA contract was signed.

  • Lit also alleged that Sony’s formula for video streaming royalties was wrong, and that it never applied the higher rate stipulated in the band’s deal once their A Place in the Sun album achieved Gold and Platinum status.

  • The complaint stated that the reduced royalty reporting had lowered the band’s pension contributions and impacted their health insurance eligibility through SAG-AFTRA.

The resolution:

  • The band and major reached a “settlement in principle” on July 7.

  • The terms have not been disclosed.

  • A written agreement is being finalized.

  • US District Judge John P. Cronan shut the case on Tuesday.

👋 Disclosures & Transparency Block
  • This story was written with information from Digital Music News. 

  • We covered it because it’s news of a resolution to the Lit/Sony lawsuit.

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