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ABS Entertainment Sues CBS, Cumulus, iHeartMedia Over Pre-1972 Performance Royalties

ABS Entertainment, which owns the copyright on recordings of Al Green and the rest of Hi Records’ catalog, said it’s suing CBS, Cumulus Media and iHeartMedia for unpaid royalties on Hi Records’ pre-1972 recordings. The suit filed in U.S. District…

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Court in Los Angeles seeks damages from the radio stations based on allegations of “despicable” infringement of ownership rights, misappropriation of those rights and conversion. ABS said it’s also seeking an injunction against the radio stations from further use of its pre-1972 recordings. “Pre-1972 recordings comprise the historical backbone of the music industry,” ABS said in its complaint. It said CBS, Cumulus and iHeartMedia know “the value of pre-1972 recordings to its music service but [have] ignored the obligation to obtain licenses to exploit those recordings.” The case will be heard by District Judge Percy Anderson. ABS cited Flo & Eddie’s class-action suit in the Los Angeles federal court as precedent for also seeking class action status so the company can seek “injunctive relief and monetary damages sustained by Plaintiff and the Class because the Defendants have delivered music content through broadcast radio channels, HD radio channels, the Internet and mobile devices without consent of or licenses” from the class. CBS, Cumulus and iHeartMedia didn’t comment.