iHM, Cumulus, CBS Sued Over Pre-1972 Hits

Armed with one of the lawyers who took on SiriusXM Radio Inc. in three federal courts, the owner of music by Al Green and other artists have accused CBS Corp., Cumulus Media Inc. and iHeartMedia Inc. of cheating musicians out of royalties for their older songs, according to three California class actions filed Monday.

ABS Entertainment Inc., which owns recordings by Green, Willie Mitchell, Ann Peebles and others, said the three largest radio station owners in the nation are raking in revenue from using the music alleging they are infringing on ownership rights, misappropriation of ownership and property rights, and conversion, calling the conduct "despicable"; the plaintiffs are seeking over $5 million compensatory damages on each of three counts and "restitution and disgorgement" of unlawful proceeds and revenues, including gross profits, plus punitive and exemplary damages and an injunction against using pre-1972 music.

The suits, filed in U.S. District Court for the Central District of California, seek class action status for "injunctive relief and monetary damages sustained by Plaintiff and the Class because the Defendants have delivered music content through broadcast radio channels, HD radio channels, the Internet and mobile devices without consent of or licenses from the Plaintiff and the Class. As a result of their pernicious, improper and illegal conduct, Defendants have reaped hundreds of millions of dollars that rightfully belong to Plaintiff and the Class."

The suits note that the defendants have not obtained performance rights licenses or paid royalties for pre-February 15, 1972 music.

Digital rights for pre-1972 music aren’t covered by the Digital Millennium Copyright Act.