IMPORTANT UPDATE: On April 9, 2014, the Court granted Plaintiffs’ Motion for Distribution of the Net Settlement Fund. It is anticipated that the Settlement Administrator will commence the distribution of the Net Settlement Fund to eligible Class members during the week commencing June 9, 2014. The Order for Distribution of the Net Settlement Funds is available on the Court Documents page.
In re XM Satellite Radio Copyright Litigation, Case No. 06 Civ. 3733 (LAK)
On June 1, 2007 Plaintiffs filed a class action complaint against XM in the Southern District of New York. In such complaint, Plaintiffs alleged that XM, from on or about March 30, 2006 forward has, by virtue of its activities in connection with the XM Recording Devices, infringed and violated Plaintiffs’ and members of the Settlement Classes’ rights under federal and New York law. As a result of this alleged conduct, Plaintiffs allege that they and other members of the Class were harmed.
On July 3, 2007 XM answered Plaintiffs’ complaint denying all of the allegations.
To resolve the claims against it, XM has paid $5,377,177 and agreed to an injunction and other relief as set forth in the Settlement Agreement.
The Settlement Classes
The Settlement Classes are defined as follows:
- Sound Recording Settlement Class
All persons or entities who own or control (in whole or in part) exclusive rights in at least one sound recording protected under federal copyright law and/or state common law and/or unfair competition law that was transmitted by the XM Service at least once during the time period from March 30, 2006 through December 6, 2010.
- Musical Composition Settlement Class
All persons or entities who own or control (in whole or in part) exclusive rights in at least one musical composition protected under federal copyright law of which a sound recording embodying such musical composition was transmitted by the XM Service at least once during the time period from March 30, 2006 through December 6, 2010.
- Excluded Persons and Entities
For a list of Persons and entities excluded from the Settlement, please view the March 22, 2011 Final Order and Judgment, available under the Court Documents tab on this website.
What Were My Options?
- REMAIN IN THE SETTLEMENT CLASSES. Members of the Sound Recording Settlement Class and/or the Musical Composition Settlement Class (collectively, “Settlement Classes”) were mailed a Proof of Claim Form on or about January 5, 2011. The deadline to submit a Proof of Claim Form was June 20, 2011 (postmark date).
- OBJECT TO THE SETTLEMENT. The deadline to object to the Settlement was March 2, 2011 .
- EXCLUDE YOURSELF. To exclude yourself from the Sound Recording Settlement Class and/or the Musical Composition Settlement Class, you had to submit a written request no later than February 25, 2011.
Please consult the Notice for more details on your options.
The Court held a “Fairness Hearing” on March 22, 2011. At the Fairness Hearing, the Court determined that the proposed Settlement and the proposed Plan of Allocation are fair, reasonable, and adequate. The Court also granted approval to Settlement Class Counsel’s request for attorneys’ fees and litigation expenses.