Arbitron Sues LM Com Over Copyrighted Ratings

Arbitron is suing LM Communications for allegedly using its copyrighted radio ratings estimates for the Charleston, S.C., market.

The privately-held broadcaster is based in Lexington, Ky., where it owns six radio stations WBVX(FM), WLXO(FM), WGKS(FM), WCDA(FM), WBTF(FM), WLXG(AM); five in Charleston, W.Va., WKLC(FM), WMXE(FM), WSCW(AM), WJYP(AM), WMON(AM); two in Charleston, S.C., WCOO(FM), WYBB(FM); and television station WBKI(TV) in Louisville, Ky.

According to Radio World, LM subscribes to Arbitron data for the Lexington market. That license remains in effect through March 2014. The broadcaster does not subscribe to Arbitron data for either Charleston markets.

In a complaint filed in U.S. District Court for the Eastern District of Kentucky, the audience research firm says LM copied, distributed and used its copyrighted audience estimates for the Charleston, S.C., market beginning on or about spring 2009 through at least May 2013. Arbitron believes LM got the data from “various sources, including but not limited to one or more industry consultants” who it does not name in the complaint obtained by Radio World.

Arbitron seeks a total of no less than $725,000 with interest, as well as attorney’s fees.

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