The settlement resolves class action litigation that the Plaintiffs, The Music Force LLC, The Music Force Media Group, LLC, Big Legal Mess, LLC, and Fat Possum, LLC, commenced 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.
YOU ARE NOT BEING SUED. The “Notice” you received refers to a settlement of a class action lawsuit against Viacom Inc. and Viacom International Inc. MTV Networks is a division of the latter. You received the Notice because you may be a member of the class and your rights may be affected by proceedings in this Action.
The Notice was provided to you so that you could decide if you wanted to be included as part of the settlement and receive benefits under the settlement, if you wanted to opt-out (exclude yourself) from the settlement class or if you wanted to comment about the settlement.
The Notice package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them.
In a class action, one or more people, called class representatives, in this case Plaintiffs, The Music Force LLC, The Music Force Media Group, LLC, Big Legal Mess, LLC, and Fat Possum, LLC, sue on behalf of people who have similar claims. All these Plaintiffs, together, constitute a plaintiff class. This is a class action because one court resolves all class-wide issues for all people who meet the class definition, except for those who exclude themselves from the class.
Your information was obtained from MTV Networks, BMI, or ASCAP as being affiliated with one or more songs included as part of the Settlement.
In the lawsuit, Plaintiffs, The Music Force LLC, The Music Force Media Group, LLC, Big Legal Mess, LLC, and Fat Possum, LLC allege 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.
The Musical Composition Class or Musical Composition Class Members includes all Persons who are current Legal Owners of a musical composition or portion thereof that, 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 whether now known or hereafter devised by or under the authority of MTV Networks.
The Musical Composition Class shall also include any Persons who currently hold any monetary or royalty interest that derives from an Excluded Person’s (defined in the Notice) interest as Legal Owner of a musical composition, or portion thereof, referenced in the paragraph above. View the Notice.
The Sound Recording Class or Sound Recording Class Members includes all Persons who are current Legal Owners of a sound recording or portion thereof that, 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 whether now known or hereafter devised by or under the authority of MTV Networks.
The proposed settlement creates a Settlement Fund in the amount of $11,500,000.00 and will include interest that accrues on the Settlement Fund prior to distribution. Class Members will be entitled to a payment from the Settlement Fund for each Musical Composition and Sound Recording for which the Class Member timely submits a valid Proof of Claim Form. Each Class Member’s share of the total settlement will be determined based on the settlement terms set forth in Section V. of the Notice of Proposed Settlement of Class Action, a copy of which is available on this website. View the Notice.
The Court overseeing the case is the United States District Court for the Central District of California Western Division. This lawsuit was filed on October 4, 2004.
You must fully complete your claim form and mail the claim form, so that it is postmarked no later than July 2, 2007.
You may download a copy of the claim form on this website. To determine if your song is included in the Settlement, please go to the Musical Compositions and Sound Recordings page on this website and run a search for the song by title.
No. Whether you want to participate in the settlement, object to the settlement or request to be excluded from the settlement, you do not have to go to court. However, you may choose to go to court.
By Order of the Court, a hearing shall be held before the Honorable Edward Rafeedie on Monday, August 6, 2007, at 10:00 a.m., at the United States Courthouse, 312 North Spring 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. You should check the Internet website for this settlement for any notice of change in the hearing date and time.
Any Class Member who does not request exclusion from the Classes may enter an appearance in the Action at his, her or its own expense individually or through counsel of the Person’s choice. All notices to appear at the Final Settlement and Class Certification Hearing must be filed with the Clerk of the Court and served on the Settlement Administrator and the Parties’ Counsel by the deadline and in the manner specified in the Notice. Any Class Member who does not timely submit a notice to appear and an Objection shall be barred from speaking or presenting any views at the Final Settlement and Class Certification Hearing. Class Members who do not enter an appearance shall be represented by Class Counsel.
The hearing will be held before the Honorable Edward Rafeedie on Monday, August 6, 2007, at 10:00 a.m., at the United States Courthouse, 312 North Spring Street, Los Angeles, California 90012.
If you would like to speak to an attorney, you may hire an attorney at your own expense.
At the Final Settlement and Class Certification Hearing, Class Counsel shall request the Court to award attorneys’ fees of up to 25% of the Settlement Fund, net of the amount of the Settlement Fund represented by Musical Compositions and Sound Recordings that are the subject of a timely and valid Request for Exclusion, and to award reimbursement of the expenses that were advanced in connection with the Action, and Plaintiffs shall request an incentive award of $12,500 per Plaintiff. Such awards for Class Counsel and Plaintiffs shall include interest earned on said sums at the same rate and for the same periods as earned by the Settlement Fund.
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 Additional Information section of this website and to the Parties’ Counsel as follows:
Class Counsel
Jeffrey L. Graubart
Law Offices of Jeffrey L. Graubart
350 West Colorado Boulevard
Suite 200
Pasadena, California 91105
Maxwell M. Blecher
David W. Kesselman
Courtney A. Palko
Blecher & Collins, P.C.
515 South Figueroa Street
Suite 1700
Los Angeles, California 90071
Defendants' Counsel
Richard B. Kendall
Melissa R. McCormick
Irell & Manella LLP
1800 Avenue of the Stars
Suite 900
Los Angeles, California 90067-4276
Any Class Member who does not request exclusion from the Classes may enter an appearance in the Action at his, her or its own expense individually or through counsel of the Person’s choice. All notices to appear at the Final Settlement and Class Certification Hearing must be filed with the Clerk of the Court and served on the Settlement Administrator and the Parties’ Counsel by the deadline and in the manner specified in the previous paragraph. Any Class Member who does not timely submit a notice to appear and an Objection shall be barred from speaking or presenting any views at the Final Settlement and Class Certification Hearing. Class Members who do not enter an appearance shall be represented by Class Counsel.
Any memoranda or other materials replying to an Objection to the settlement shall be filed with the Clerk of the Court and served on all the Parties’ counsel seven calendar days before the Final Settlement and Class Certification Hearing. Such memoranda and other briefing shall be served on all Parties, all non-Parties who made a proper request for appearance, and any Class Member to whose Objection the memoranda or other briefing responds.
No, 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.
All class members who received a Notice have a choice on whether or not to file a claim to receive a benefit. If you choose to file a claim, you may receive a benefit. If you choose to be excluded from the settlement, you will not receive a benefit. If you fail to file a claim form, you will not receive a benefit.
Unfortunately, we cannot provide tax advice. You may want to discuss this with a qualified tax advisor to determine if, in your particular circumstances, any of the benefits would be taxable.
To qualify for payment, you must submit a proof of claim form, included in your Notice packet. Read the instructions carefully, fill out the form, sign it and mail it so that it is postmarked no later than July 2, 2007. If you do not submit a proof of claim form, you will receive no payment under the settlement.
The Settlement payments have been mailed.
Once Settlement Costs allocable to the Musical Composition Class Settlement Fund have been fully deducted, the Settlement Administrator will distribute the Musical Composition Class Settlement Fund, less any reversion to be paid to Defendants, among those Persons with allowed claims in Musical Compositions, according to the percentage that the Person's total respective share of Musical Compositions bears to the total shares of all Persons with claims made in Musical Compositions.
Once Settlement Costs allocable to the Sound Recording Class Settlement Fund have been fully deducted, the Settlement Administrator will distribute the Sound Recording Class Settlement Fund, less any reversion to be paid to Defendants, among those Persons with allowed claims in Sound Recordings, according to the percentage that the Person's total respective share of Sound Recordings bears to the total shares of all Persons with claims made in Sound Recordings.
For additional information on this topic, please see Sections C, D, and E on page 5 of the Notice.
You will need to confer with your counsel and review the Release and Dismissal language in the Notice at Section VII as your legal rights in the separate lawsuit may be affected, and you may need to exclude yourself from the class by submitting an exclusion request, postmarked no later than June 25, 2007.
You may request to be excluded from the Classes. To do so, you must mail a written request to:
Music Force Class Settlement
Settlement Administrator
c/o The Garden City Group, Inc.
P.O. Box 91163
Seattle, WA 98111-9263
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.
Any Class Member who does not properly and timely request exclusion from the Classes shall be bound by all settlements or judgments approved or entered by the Court, whether favorable or unfavorable to the Classes.
If you act as an agent or representative for an eligible class member for which you are making a claim under the settlement, you must complete and sign the claim form on behalf of the person or persons you represent, and state on the claim form in the space provided:
- the name of the claimant or eligible class member;
- your title or capacity in which you are acting; and
- your company name, address, and telephone number.
You may call 1 (888) 366-5339 to request another copy of the claim form be mailed to you or you may download a claim form from this website.
|
