EMI Music Publishing has raised an action against AOL Time
Warner, alleging that the world’s largest media company has been
using songs from classic films without paying royalties. Under the
lawsuit, which was filed in the Southern District Court of New
York, EMI is seeking injunctive relief and millions of dollars in
damages.
According to media reports, EMI claims that AOL Time Warner has
been using songs from films, such as “The Wizard of Oz” and
“Singing in the Rain”, for promotional purposes and playing them on
its Turner Broadcasting Systems network and America Online internet
service without authorisation.
United Artists and MGM/UA Entertainment sold the catalogue of
songs in question to CBS in 1982 but retained a licence for
limited, royalty-free use of certain songs. CBS was then sold to
another company which was acquired by EMI in 1989.
MGM/UA Entertainment was subsequently bought by Turner
Broadcasting Systems, which then merged with Time Warner in 1996.
As a result, the MGM film library is now owned by AOL Time
Warner.
EMI claims, however, that the rights to royalty-free use of the
songs do not extend to all of AOL Time Warner’s operations.
The lawsuit comes at a time when recording companies are forming
alliances against copyright infringement resulting from
file-swapping technologies.
