Music Labels Sue Fit Radio over ‘Massive Scale’ Copyright Infringement

Some of the biggest companies in the recording industry including Sony Music Entertainment, Warner Bros. and Capitol Records are coming together to sue Fit Radio for copyright infringement.

Fit Radio is a US internet radio provider that bills itself as “The No. 1 Workout Music App Worldwide”.

“Rampant copyright infringement of sound recordings over the internet and through mobile applications, including the infringement engaged in and enabled by entities such as Fit Radio, has resulted in significant harm to the music industry, including to artists who rely on royalties from recorded music for their livelihood,” the complaint states.

It’s claimed that Fit Radio’s use of third party DJs to upload popular songs (by artists including Beyonce, Justin Bieber, Jason Derulo and Green Day) to playlists on the streaming app, which then enables the company to distribute that music to the public for a fee, is not covered by a statutory licence.

What sets Fit Radio apart from other services such as Pandora (no longer available in Australia) is that Fit Radio is interactive and allows users to manually select particular songs and skip unlimited tracks.

Further, the labels say that unlike with other streaming services such as Apple Music and Spotify, there is no business agreement with Fit Radio to stream the copyright music.

Fit Radio are being sued for direct, vicarious and contributory copyright infringement. The labels are seeking an injunction to bar the service and statutory damages of up to $150,000 per infringed work.

CASE: Sony Music Entertainment et al v. LaFace Records LLC et al


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