Spotify failed to protect its CEO from sitting for a deposition in a copyright infringement case concerning Eminem music.
In August 2019, a publisher called Eight Mile Style alleged copyright infringement of nearly 250 Eminem’s songs streamed on the platform. The company claimed that Spotify categorised songs, including “Lose Yourself”, under the “Copyright Control” label, used for songs where the rights holder is not known. Considering that billions of streams went missing in payments, Eight Mile Style is seeking damages of $150,000 for each of the 243 songs, or $36.45 million in total.
For months, Spotify has been filing for protective orders trying to send anyone else to give a deposition in this case, but CEO Daniel Ek. They used arguments varied from Ek’s busy schedule to the statement that he “lacks personal knowledge of the issues in this case”.
However, US Judge Jeffery S. Frensley agreed with Eight Mile Style and ruled that Ek has to personally provide the information in the case. Music Business Worldwide quotes the ruling:
“Undoubtedly Mr. Ek has a full schedule at the present time as well; the Court credits Spotify’s assertion that he is very busy indeed. Yet, the issue of proper licensing relationships with the artists whose work comprises the entirety of Spotify’s business and its sole product is surely also a matter of importance to Spotify, worthy of some of Mr. Ek’s time and attention”.