Thomas Morgan Robertson et al. v. Spotify USA Inc. and Robert Gaudio et al. v. Spotify USA Inc.
Leslie Marx was retained on behalf of Spotify USA Inc. in Thomas Morgan Robertson et al. v. Spotify USA Inc. and Robert Gaudio et al. v. Spotify USA Inc. The plaintiffs in each case are songwriters who allege that Spotify played their musical works without properly obtaining a license. In each case, they asked for maximum statutory damages for copyright infringement of $150,000 per composition—totals of $7.35 million and $11.55 million, respectively. Dr. Marx submitted expert reports where she analyzed the economic choices faced by relevant actors in the music streaming industry, calculated the actual economic damages caused by Spotify’s alleged infringement, and analyzed plaintiffs’ statutory damage request in light of actual economic damages. Both plaintiffs settled.