On Thursday, January 31, 2013 the Sirius/XM -VS- A2IM was settled and dismissed via a Stipulation Agreement signed by Judge Griesa of the U.S. Southern District Court.
The Stipulation Agreement:
Reaffirms A2IM’s First Amendment rights including the freedom to express whatever opinions A2IM wishes about Sirius/XM and any proposals or terms for licensing with Sirius and the right to make recommendations on such issues, to advocate for or against such issues, and to express agreement or disagreement with the opinions of others on these issues. This court signed precedent that allows us to freely counsel our members is a huge win!
At the same time, the A2IM staff and board reaffirms that, at the end of the day, while the statutory rate has ensured equitable treatment for independents, each music label must determine for themselves their own promotional and commerce plans and that we respect that independent entrepreneurial spirit. We’ll just suggest to our members that before agreeing to any direct licenses they should please consider all factors and their effects on their music label’s results, now and in the future, and make an educated decision. In accordance with the entrepreneurial spirit of our members who run their businesses, each of our members should continue to do what is in their business’ best interests knowing, whatever decision or statements they make, that every A2IM label member will always continue to get full A2IM support and benefits. In other words we are required to operate A2IM the way we do today, respecting all of our member’s individual freedom of speech and their freedom to do business in whatever way is in their best interests.
With this lawsuit behind us, the entire A2IM community looks forward to working closely with Sirius/XM to expand their already strong support of independent music, for both independent music discovery and monetization, especially for certain genres not often heard via other non-on demand broadcast mediums, where we normally do not get much support outside of services like Pandora, SomaFM or public radio.
Finally a big “Thank You” to our lawyers at Mitchell, Silberberg & Knupp (Eric German, Michael Chait, Kevin Gaut and Paul Licalsi) who delivered such a terrific result.