MLC Challenges Spotify's Bundle Classification: Breaking Down the Royalties Dispute

MLC Challenges Spotify's Bundle Classification: Breaking Down the Royalties Dispute

By Marcus Bennett

December 4, 2024 at 04:18 AM

The Mechanical Licensing Collective (MLC) has filed a lawsuit against Spotify over alleged royalty underpayments related to the platform's recent bundling reclassification. Here's a comprehensive breakdown of the key arguments and implications:

The Core Issue: Spotify recently reclassified its standard $10.99 monthly subscription plans (Individual, Duo, and Family) as "bundles" after introducing a $9.99 audiobook-only plan. This reclassification reduces mechanical royalty rates from 26.2% to 24.5% of "total content cost," potentially resulting in a $150 million annual decrease in mechanical royalties.

White MLC logo

White MLC logo

The MLC's Main Arguments:

  1. Not a True Bundle
  • Premium service remains unchanged from before audiobook launch
  • No new elements have been bundled with existing service
  • The MLC only discovered the change through March monthly usage report
  1. Technical Violations
  • A bundle must include at least two distinct products/services
  • Spotify failed to create a differentiated product
  • The audiobook component lacks sufficient "token value" to qualify as a bundle under Section 115
  1. Implementation Issues
  • The $9.99 audiobook-only plan still provides unlimited music access on Android devices
  • The minimal price difference ($1) between plans raises questions about the legitimacy of the bundling strategy

Relief Sought:

  • Declaration that Spotify's bundle characterization violates Section 115
  • Compensatory damages for underpaid royalties
  • Late fees and attorneys' fees
  • Preliminary injunction against the reclassification

Daniel Ek, CEO of Spotify

Daniel Ek, CEO of Spotify

This legal battle highlights growing tensions between streaming platforms and rights holders over royalty payments and service classification methods.

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