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Welcome to the Music Force Class Settlement Website |
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Important Update: The Settlement payments have been mailed. Overview Plaintiffs The Music Force LLC, The Music Force Media Group, LLC, Big Legal Mess, LLC, and Fat Possum, LLC commenced this action on October 4, 2004 alleging they are owners of certain musical compositions or sound recordings that were embodied without authorization in television shows and television commercials produced, distributed, and aired by MTV Networks, including, without limitation, Making The Band, Real World, I Love The 80s, Driven, Dismissed, and Behind The Music. The First Amended Complaint named as defendants Viacom Inc. and Viacom International Inc. MTV Networks is a division of the latter. Plaintiffs asserted claims for copyright infringement for themselves individually and on behalf of classes of owners of musical compositions and sound recordings, or portions thereof, that were embodied in the television shows and television commercials. There has been no adverse determination by any court against any Defendant on the merits of the claims asserted by Plaintiffs, and Defendants have denied any liability against them arising out of any of the conduct, statements, acts, or omissions alleged in the Action. Nonetheless, Defendants have concluded that further litigation of the Action would be protracted, expensive and disruptive, and that it is desirable that the Action be fully and finally settled. Notice The Notice of Proposed Settlement of Class Action provides a detailed summary of the settlement. View the Notice of Proposed Settlement of Class Action. Proof of Claim Form To participate in the distribution of the Settlement Fund, you must timely complete and return the proof of claim form that accompanies the Notice of Proposed Settlement of Class Action. The Proof of Claim Form must be postmarked on or before July 2, 2007, and delivered to the Settlement Administrator at the address below. Download a Personalized Proof of Claim Form. Exclusion Requests You may request to be excluded from the Classes. To do so, you must mail a written request to: Music Force Class Settlement The request for exclusion must state: (1) your name, address and telephone number; (2) the specific Musical Compositions and/or Sound Recordings with respect to which you request to be excluded from the Classes, including the title and composers of the Musical Composition, and the title, main performing artists, soundtrack (if any), and date of first commercial release of the Sound Recording; and (3) that you wish to be excluded from the Classes. To be valid, a request for exclusion must state all of the foregoing information. Your exclusion request must be postmarked on or before June 25, 2007. If you submit a valid and timely request for exclusion, you shall have no rights under the settlement, shall not share in the distribution of the Settlement Fund, and shall not be bound by the Stipulation of Settlement or the Judgment. Objections Any Class Member who wishes to object to the fairness of the proposed settlement or to entry of the Judgment must submit the Objection, including copies of any papers and briefs in support thereof, in writing by filing it with the Clerk of the United States Court, 255 East Temple Street, Los Angeles, CA 90012, on or before June 25, 2007, and by sending copies of the Objection by hand delivery or first class mail to the Settlement Administrator at the address given in the Notice and to the Parties' Counsel as follows: Class Counsel Final Settlement and Class Certification Hearing By Order of the Court, a hearing (the "Final Settlement and Class Certification Hearing ") shall be held before the Honorable Edward Rafeedie on August 6, 2007, at 10:00 a.m., at the United States Courthouse, 255 East Temple Street, Los Angeles, California 90012, to determine: (a) whether the proposed settlement consisting of $11,500,000.00 in cash, plus accrued interest, should be approved as fair, reasonable and adequate; (b) whether the Judgment dismissing the Action with prejudice should be entered; and (c) whether the application for an award of attorneys' fees and expenses to Class Counsel and for an incentive award to Plaintiffs should be approved. The Court may adjourn or continue the Settlement Fairness and Class Certification hearing without further notice to the Classes. PLEASE DO NOT CONTACT THE COURT FOR INFORMATION REGARDING THE SETTLEMENT
PLEASE NOTE THE FOLLOWING IMPORTANT DATES:
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