Partner Donald Zakarin Comments on the EMI and Sony/ATV Appeal of the Pandora Rights Ruling
Partner Donald Zakarin, chairman of Pryor Cashman's Litigation Group, was quoted in the Law360 article, “Music Giants Slam Pandora Rights Ruling in 2nd Circ.”
Universal Music Publishing Inc., Sony/ATV Music Publishing LLC and EMI Music Publishing urged the Second Circuit to overturn a ruling barring them from partially withdrawing licensing rights to Pandora Internet Radio.
In September 2013, U.S. District Judge Denise Cote’s ruling blocked the publishers’ attempt to withdraw digital rights to their catalogs through the American Society of Composers, Authors and Publishers (ASCAP). Judge Cote later rejected the performance rights group’s bid to charge Pandora higher royalty rates.
Zakarin called Judge Cote’s ruling “an absolutist determination.”
“The judge said you can’t restrict rights - if you give them one, you give them all - but it’s nowhere stated in the agreement,” Zakarin told the three-judge panel, which heard oral arguments in the appeal.
EMI and Sony/ATV are represented by Donald Zakarin, Frank Scibilia and Erich Carey.
To view the full article, please click here.
