A federal judge has reportedly ordered Spotify CEO Daniel Ek to sit for a deposition in a copyright lawsuit over Eminem’s music. According to Billboard, the judge rejected Spotify’s arguments he’s not personally involved in “day-to-day” licensing operations or that he’s too busy to schedule the case into his calendar.
The streaming giant insisted Ek had “little information to offer “about the lawsuit and accused plaintiffs/Eminem’s publishing company Eight Mile Style of dragging him into a deposition simply to “harass and annoy” him. But on Thursday (March 31), U.S. Magistrate Judge Jeffery S. Frensley ruled Ek would have to find a way to address the issue at hand.
“Undoubtedly Mr. Ek has a full schedule [and] the Court credits Spotify’s assertion that he is very busy indeed,” Judge Frensley wrote. “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.”
Eight Mile Style filed the suit in 2019, accusing Spotify of streaming Eminem’s music “billions of times” without obtaining the proper mechanical licenses. The 2018 passage of the Music Modernization Act was supposed to eliminate that problem, but Eight Mile Style said Spotify had essentially ignored the law’s requirements and could still be sued for infringement.
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In April 2021, a federal judge ruled Eight Mile Style could proceed with its suit against Spotify, claiming the company didn’t have permission to stream 250 songs from Eminem’s expansive discography, including the Oscar-winning hit “Lose Yourself” from the 8 Mile soundtrack.
250 Eminem Songs Centered In Spotify + Harry Fox Agency Lawsuit
Spotify had sought a so-called protective order that would’ve shielded Ek from facing a deposition ahead of Thursday’s hearing. The company pointed out Ek had nothing to do with “U.S. mechanical-licensing practices in particular.” But Judge Frensley argued, “The Court is inclined to agree with plaintiffs that ‘Mr. Ek’s entire argument for burden is, essentially, that he is busy.’”
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Despite Frensley’s decision, he made sure Ek couldn’t be deposed for longer than three hours and would be able to attend the hearing remotely. A trial is currently scheduled for September 2023, though it’s unclear when Ek will be deposed.
