On November 5, 2012, after failing to reach an agreement with the American Society of Composers, Authors, and Publishers (ASCAP), Pandora Media, Inc. (Pandora) filed a petition for determination of a reasonable royalty rate for the performance of copyrighted musical works in the In re Petition of Pandora Media, Inc. litigation.
- Provided expert testimony on behalf of Stingray Digital in its litigation with the Canadian Copyright Board involving performing rights royalties for pay audio services payable for musical works and sound recordings. Analyzed the current pay audio royalty rate in the context of the principle of technological neutrality.
- On behalf of Spotify in In re Determination of Rates and Terms for Making and Distributing Phonorecords, provided expert testimony regarding royalty payments under Section 115 of the Copyright Act. Used economic concepts such as welfare maximization and equitable distribution of the gains from trade, including a calculation of Shapley values, to align the royalty rate with the statutory objectives for reasonable terms and rates under which these royalties are set. Provided analysis of an appropriateness range for royalty rates and of the effects of proposed royalty structures.
- Provided rebuttal expert testimony on behalf of Sirius XM in the SARS III preceding before the Copyright Royalty Board. The testimony provided a detailed critique of royalty proposal by a SoundExchange expert that was based on a bargaining model and Ramsey pricing.
- Performed consulting work on behalf of a client involved in the Web IV royalty proceeding before the Copyright Royalty Board.
- In the matter In re Petition of Pandora Media, Inc., supported the expert analyses, reports, and testimony of Dr. Leslie Marx on behalf of Pandora in its litigation with the American Society of Composers, Authors, and Publishers (ASCAP). Assisted the trial team with the cross-examination of ASCAP’s expert and other witnesses. The court ultimately adopted key aspects of Dr. Marx’s analysis of ASCAP’s proposed benchmarks and set a rate within the range of rates proposed by Dr. Marx.
- Testified on behalf of Music Choice before the Copyright Royalty Board of the US Library of Congress on the appropriate royalty for digital performance rights in sound recordings.