IMPORTANT UPDATE: On April 9, 2014, the Court granted Plaintiffs’ Motion for Distribution of the Net Settlement Fund. It is anticipated that the Settlement Administrator will commence the distribution of the Net Settlement Fund to eligible Class members during the week commencing June 9, 2014. The Order for Distribution of the Net Settlement Funds is available on the Court Documents page.

Overview

In re XM Satellite Radio Copyright Litigation, Case No. 06 Civ. 3733 (LAK)

On June 1, 2007 Plaintiffs filed a class action complaint against XM in the Southern District of New York. In such complaint, Plaintiffs alleged that XM, from on or about March 30, 2006 forward has, by virtue of its activities in connection with the XM Recording Devices, infringed and violated Plaintiffs’ and members of the Settlement Classes’ rights under federal and New York law. As a result of this alleged conduct, Plaintiffs allege that they and other members of the Class were harmed.

On July 3, 2007 XM answered Plaintiffs’ complaint denying all of the allegations.

To resolve the claims against it, XM has paid $5,377,177 and agreed to an injunction and other relief as set forth in the Settlement Agreement.

The Settlement Classes

The Settlement Classes are defined as follows:

  1. Sound Recording Settlement Class
    All persons or entities who own or control (in whole or in part) exclusive rights in at least one sound recording protected under federal copyright law and/or state common law and/or unfair competition law that was transmitted by the XM Service at least once during the time period from March 30, 2006 through December 6, 2010.
  2. Musical Composition Settlement Class
    All persons or entities who own or control (in whole or in part) exclusive rights in at least one musical composition protected under federal copyright law of which a sound recording embodying such musical composition was transmitted by the XM Service at least once during the time period from March 30, 2006 through December 6, 2010.
  3. Excluded Persons and Entities
    For a list of Persons and entities excluded from the Settlement, please view the March 22, 2011 Final Order and Judgment, available under the Court Documents tab on this website.

What Were My Options?

Please consult the Notice for more details on your options.

Fairness Hearing

The Court held a “Fairness Hearing” on March 22, 2011. At the Fairness Hearing, the Court determined that the proposed Settlement and the proposed Plan of Allocation are fair, reasonable, and adequate. The Court also granted approval to Settlement Class Counsel’s request for attorneys’ fees and litigation expenses.



Important Dates
DateDeadline
June 20, 2011
[Expired]
Claim Form Deadline
(postmarked)
February 25, 2011
[Expired]
Exclusion Deadline
(received)
March 2, 2011
[Expired]
Objection Deadline
(filed and received)
March 22, 2011
at 9:30 a.m.
Final Approval Granted

Your Options

  • To find out details regarding the Settlement, please consult the Notice