Black Entertainment Television BET & Viacom Copyright Class Action Lawsuit Settlement
A class action settlement has been reached in a class action lawsuit against Black Entertainment Television LLC (“Black Entertainment Television” or “BET”) and Viacom Inc. (“Viacom”) (collectively “Defendants”) in th United States District Court for the Southern District of New York (styled The Music Force LLC d/b/a The Music Force and Full Force Music, and Henry Marx v. Black Entertainment Television LLC and Viacom Inc., Class Action Case No. 09-CV-00376 (GBD)), alleging, among other things, that Black Entertainment Television BET and Viacom violated United States copyright law and state common law and/or unfair competition law by allegedly broadcasting certain musical works without authorization, according to the Black Entertainment Television BET & Viacom copyright class action lawsuit settlement website and settlement notice.
Black Entertainment Television BET & Viacom copyright class members reportedly include the following persons, unless otherwise excluded:
1. Musical Composition Class
The Musical Composition Class includes all Persons who are current Legal Owners of a musical composition or portion thereof that: (i) without license or authorization, was copied, reproduced, synchronized, displayed, performed, broadcast, telecast, cablecast, syndicated, exhibited, transmitted, disseminated, distributed or otherwise used in connection with or as part of any television series, episode, program, music video, performance, advertisement, promotion, commercial, or other exploitation in any manner in any medium anywhere between January 14, 2003 and February 3, 2011, whether now known or hereafter devised by or under the authority of BET LLC; and (ii) is not exclusively administered by an Excluded Person.
2. Sound Recording Class
The Sound Recording Class includes all Persons who are current Legal Owners of a sound recording or portion thereof that: (i) without license or authorization, was copied, reproduced, synchronized, displayed, performed, broadcast, telecast, cablecast, syndicated, exhibited, transmitted, disseminated, distributed or otherwise used in connection with or as part of any television series, episode, program, music video, performance, advertisement, promotion, commercial, or other exploitation in any manner in any medium anywhere between January 14, 2003 and February 3, 2011, whether now known or hereafter devised by or under the authority of BET LLC; and (ii) is not exclusively licensed to an Excluded Person.
Excluded from the Musical Composition and Sound Recording Classes are solely (i) any Persons to the extent their claims as alleged in the Action have already been released and discharged; (ii) any Persons to the extent they submit a timely and valid request to be excluded from the Classes (“Request for Exclusion”); (iii) Defendants, any affiliated or related company or entity, and any entity in which a Defendant or any affiliated or related entity has a controlling interest; and (iv) each of the major record company groups (Sony BMG Music Entertainment; Universal Music Group; EMI Music; Warner Music Group) and major music publisher groups (Sony/ATV Music Publishing; BMG Music Publishing; Universal Music Publishing; EMI Music Publishing; Warner/Chappell Music, Inc.) and, on a worldwide basis, all of the corporations, companies, organizations, entities, partnerships and joint ventures included within or comprising such groups (collectively, “Excluded Persons”).
To resolve the claims against them, Black Entertainment Television BET and Viacom have reportedly agreed to pay $2,750,000 for the benefit of the Classes pursuant to terms of the Stipulation and Agreement of Settlement. In order to share in the settlement proceeds, class members must timely file a Proof of Claim.
The Court will reportedly hold a public class action Fairness Hearing on July 21, 2011, 10:00 a.m., at the Daniel Patrick Moynihan United States Courthouse, Southern District of New York, 500 Pearl Street, New York, New York 10007-1312, Courtroom 21D to consider whether the Black Entertainment Television BET & Viacom copyright Settlement Agreement should be approved.
For more information on Black Entertainment Television BET & Viacom copyright class action lawsuit settlement, including information on how to participate in, object to or opt out of the settlement and the deadlines by which to do so, visit the Black Entertainment Television BET & Viacom copyright lawsuit settlement website:
www.MFClassSettlement.com
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