Canada | Class Action - Pending List

ACTION AND SETTLEMENT 

In late 2008, a proposed class action was initiated in Ontario, Canada, by the estate of the late Chet Baker as the representative of a proposed class consisting of songwriters and music publishers whose musical works have been embodied in sound recordings released or distributed in physical formats in Canada by the four major record companies, Sony BMG Music (Canada) Inc., now Sony Music Entertainment Canada Inc., EMI Group Canada Inc., Universal Music Canada Inc., Warner Music Canada Co., in circumstances where the record companies had allegedly failed to secure the necessary mechanical licenses and for which royalties had been accrued on the record companies’ so-called “pending lists”.

Settlement agreements were reached between the original plaintiffs and the defendant record companies in July, August and December 2010, which involve the payment of defined amounts of unpaid pending list royalties into a settlement trust to be administered by CMRRA/SODRAC Inc. (“CSI”), with the proceeds of the settlement to be paid to or for the benefit of rightsholders of musical works.

Subsequently, CMRRA and SODRAC entered into an agreement with the plaintiffs to pay certain royalties held by them into the settlement trust, to be administered on the same basis.

For the complete set of official documents and notices related to this action, please visit the settlement website at www.pendinglistsettlement.com

RECENT ANNOUCEMENT

Publication of pending list items with a value greater than $1,000.00: The posting of this information here is scheduled for February 3, 2012.  Class members will be able to review and search the pending lists for their works in this value category and make claims where appropriate.

Items with a value greater than $1,000.00 but less than $2,500.00 will be published for a period of six months. Items with a value equal to or greater than $2,500.00 will be published for a period of twelve months. Upon conclusion of the claims period, any remaining unclaimed royalties will be distributed to class members on a market share basis.

NOTICE

Most recent notice to Class Members:  Notice of Commencement of Claims Process -  January 31 2012