Moses & Singer settles copyright royalty rate dispute for client Music Choice®.

July 26, 2007

Moses & Singer has been representing Music Choice in litigation to adjust the rate paid for a compulsory license to use sound recordings in Music Choice's digital music service. The litigation has been proceeding before the Judges of the newly-created Copyright Royalty Board, which is tasked with setting rates for various compulsory licenses provided by the Copyright Act. SoundExchange, the licensing body representing the interests of record labels and performing artists was seeking an increase from Music Choice's current rate of 7.25% of revenue to a proposed rate of 30% of revenue. In the middle of trial, which also involved setting the rates for satellite radio services XM and Sirius, SoundExchange agreed to settle with Music Choice. The terms of the settlement are currently confidential. SoundExchange has not settled with XM or Sirius, and the trial continues with respect to those services. The Music Choice trial team was led by Paul Fakler, with assistance from David Rabinowitz, Julie Stark, Amanda Schaffer, Chris Gresh and Michelle Byron. In describing Moses & Singer’s representation of Music Choice in this matter -- Paula Calhoun, Senior Vice President and General Counsel of Music Choice, stated "Paul [Fakler] and his team at Moses & Singer did an excellent job in representing Music Choice through each step of the trial process and achieving this settlement. These rate proceedings are not typical litigation - this proceeding was particularly challenging given the complex legal issues at play, business implications and parties involved. Moses and Singer's copyright expertise, trial skill and counsel were invaluable."

Music Choice® is simply the best music you can enjoy in your home or business.