In statement submitted to the court, the group claims that the settlement is ‘procedurally and substantively unfair,’ adding that after attorney fees, the $43 million settlement will be reduced to $28.7 million.
The group also claims that Spotify will make no changes to their practices if the settlement goes through, stating that, “While a discount of some amount is to be reasonably expected as part of a compromise settlement, the discount potentially afforded Spotify in this case is a 98.7% discount for nonwillful infringement and a discount for willful infringement so close to 100% as to give Spotify a practical free pass on willful infringement.”
In their defence, Spotify claims that streaming does not account for reproduction or distribution rights under copyright law. If the court does approve the $43 million settlement offer, the musicians contesting the settlement are still able to file their own personal lawsuits.
