Frequently Asked Questions
What is this settlement about? Plaintiffs Nathan East (individually and dba New East Music), Stanley M. Clarke (individually and dba Clarkee Music), and The Music Force LLC (individually and dba Full Force Music) commenced this action on July 6, 2004 alleging they are owners of certain musical compositions or sound recordings that were embodied without authorization in the television series Santa Barbara and thereafter reproduced and distributed in episodes internationally. The Class Complaint named as defendants Twentieth Century Fox Film Corporation, Twentieth Century Fox Film International Television, Inc., New World Television Productions, Inc. and New World Entertainment, Ltd. Plaintiffs asserted claims for copyright infringement for themselves individually and on behalf of classes of owners of musical compositions and sound recordings, or portions thereof, that were embodied in Santa Barbara.
Why did I get this notice package in the mail? YOU ARE NOT BEING SUED. The “Notice” you received refers to a settlement of a class action lawsuit against Twentieth Century Fox Film Corporation, Twentieth Fox Film International Television, Inc., New World Television Productions, Inc. and New World Entertainment, Ltd. You received the Notice because you may be a member of the class and your rights may be affected by proceedings in this Action. The Notice was provided to you so that you could decide if you wanted to be included as part of the settlement and receive benefits under the settlement, if you wanted to opt-out (exclude yourself) from the settlement class or if you wanted to comment about the settlement. The Notice package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them. In a class action, one or more people, called class representatives, in this case Plaintiffs, New East Music, Clarkee Music and the Music Force LLC, sue on behalf of people who have similar claims. All these Plaintiffs, together, constitute a plaintiff class. This is a class action because one court resolves all class-wide issues for all people who meet the class definition, except for those who exclude themselves from the class.
How did you get my personal information? Your information was obtained from BMI, ASCAP, SESAC or other such sources that may be identified as being affiliated with one or more songs included as part of the Settlement.
What claims were made by the lawsuit? In the lawsuit, Plaintiffs, New East Music, Clarkee Music and the Music Force LLC allege they are owners of certain musical compositions or sound recordings that were embodied without authorization in the television series Santa Barbara and thereafter reproduced and distributed in episodes internationally. The Class Complaint named as defendants Twentieth Century Fox Film Corporation, Twentieth Century Fox Film International Television, Inc., New World Television Productions, Inc. and New World Entertainment, Ltd. Plaintiffs asserted claims for copyright infringement for themselves individually and on behalf of classes of owners of musical compositions and sound recordings, or portions thereof, that were embodied in Santa Barbara. The Musical Composition Class or Musical Composition Class Members means all Persons who are Legal Owners of a musical composition or portion thereof that, without license or authorization, was broadcast, cablecast, copied displayed, disseminated, distributed, embodied, exhibited, performed, recorded, reproduced, synchronized, syndicated, telecast, transmitted or otherwise used in connection with, or as part of, Santa Barbara in any manner or medium, whether known or hereafter devised, anywhere. The Sound Recording Class or Sound Recording Class Members means all Persons who are Legal Owners of a sound recording or portion thereof that, without license or authorization, was broadcast, cablecast, copied displayed, disseminated, distributed, embodied, exhibited, performed, recorded, reproduced, synchronized, syndicated, telecast, transmitted or otherwise used in connection with, or as part of, Santa Barbara in any manner or medium, whether known or hereafter devised, anywhere. The Musical Composition and Sound Recording Classes shall also include Persons who currently hold any monetary or royalty interest in a Musical Composition or Sound Recording that derives from the interest of an Excluded Person, as defined in the Settlement Agreement, only, as Legal Owner of the Musical Composition or Sound Recording, or portion thereof.
What relief is available under the Settlement? The proposed settlement creates a Settlement Fund in the amount of $1,164,000 and will include interest that accrues on the Settlement Fund prior to distribution. Class Members will be entitled to a payment from the Settlement Fund for each Musical Composition and Sound Recording for which the Class Member timely submits a valid Proof of Claim Form. Each Class Member’s share of the total settlement will be determined based on the settlement terms set forth in the Notice of Proposed Settlement of Class Action, a copy of which is available on this website. View the Notice.
When and where were the lawsuits filed? The Court overseeing the case is the United States District Court for the Central District of California Western Division. This lawsuit was filed on July 6, 2004.
What is the deadline for filing a claim? The deadline to file a Proof of Claim Form was December 14, 2007. No. Whether you want to participate in the settlement, object to the settlement or request to be excluded from the settlement, you do not have to go to court. The date of the Final Settlement and Class Certification Hearing was January 23, 2008.
When and where will the Court decide the fairness of the settlement? The Final Settlement and Class Certification Hearing was held before the Honorable Gary A. Feess on January 23, 2008 at 9:30 a.m., at the United States Courthouse, 255 East Temple Street, Los Angeles, California 90012, to determine: (a) whether the proposed settlement consisting of $1,164,000 in cash, plus accrued interest, should be approved as fair, reasonable and adequate; (b) whether the Judgment dismissing the Action with prejudice should be entered; and (c) whether the application for an award of attorneys' fees and expenses to Class Counsel and for an incentive award to Plaintiffs should be approved. The Court may adjourn or continue the Settlement Fairness and Class Certification hearing without further notice to the Classes.
Can I attend the fairness hearing? The date of the Final Settlement and Class Certification Hearing was January 23, 2008.
I need a lawyer to explain this to me. Do I need to speak to or hire an attorney? If you would like to speak to an attorney, you may hire an attorney at your own expense. Within five business days after the Judgment in this Class Action becomes Final, any Class Counsel Fee and Expense Award approved by the Court shall be paid from the Settlement Fund to Class Counsel on behalf of the benefiting Persons. Class Counsel may submit an application for a Class Counsel Fee and Expense Award consisting of up to 25% of the Settlement Fund (net of the amount of the Settlement Fund represented by Musical Compositions and Sound Recordings that are the subject of a timely and valid Request for Exclusion). Named Plaintiffs shall seek a Plaintiff Incentive Award of $15,000 per Named Plaintiff. Such awards for Class Counsel and Plaintiffs shall include interest earned on said sums at the same rate and for the same periods as earned by the Settlement Fund.
How can I object to the Settlement? The deadline to object to the Settlement was November 16, 2007.
Does the Settlement mean the Defendants are liable? No, there has been no adverse determination by any court against any Defendant on the merits of the claims asserted by Plaintiffs, and Defendants have denied any liability against them arising out of any of the conduct, statements, acts, or omissions alleged in the Action. Nonetheless, Defendants have concluded that further litigation of the Action would be protracted, expensive and disruptive, and that it is desirable that the Action be fully and finally settled.
Will all class members be eligible to receive a benefit? All class members who filed a valid claim by December 14, 2007 may receive a benefit. If you opted to be excluded from the settlement, you will not receive a benefit. If you failed to file a claim form, you will not receive a benefit. Unfortunately, we cannot provide tax advice. You may want to discuss this with a qualified tax advisor to determine if, in your particular circumstances, any of the benefits would be taxable. On January 23, 2008, the Court held a fairness hearing to consider whether to approve the settlement. Under the terms of the settlement, the money will not be distributed until there is no possibility of appeal. If there are no appeals, your share of the settlement fund will be distributed. If there is an appeal by a class member, the payment process may be delayed. Please be patient.
How is the amount that I will receive being calculated? Once the Settlement Costs allocable to the Musical Composition Class Settlement Fund have been fully deducted and any reversion paid to Defendants, the Settlement Administrator shall determine the settlement payment allocable to each Musical Composition by dividing the amount of the Musical Composition Class Settlement Fund by the total number of Musical Compositions or by such other plan of allocation as the Court may approve. Once the Settlement Costs allocable to the Sound Recording Class Settlement Fund have been fully deducted and any reversion paid to Defendants, the Settlement Administrator shall determine the settlement payment allocable to each Sound Recording by dividing the amount of the Sound Recording Class Settlement Fund by the total number of Sound Recordings or by such other plan of allocation as the Court may approve. For additional information on this topic, please view the Notice.
What if I have already filed a lawsuit against the Defendants? You will need to confer with your counsel and review the Release and Dismissal language in the Notice as your legal rights in the separate lawsuit may be affected. The exclusion deadline was November 27, 2007.
How do I exclude myself from the lawsuit? The deadline to request exclusion from the Classes was November 27, 2007. |
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