Airlines have done a lot to promote music lately, with Australian flight carriers loosening carry-on policies for instruments and introducing music streaming services for passengers.
But of course, where there’s music innovation, there’s always major record labels, often lurking with the possibility of how their copyrighted music is used; or more accurately, misused. While the issue of music piracy has been previously bound to the digital landscapes of computers and the internet, now it’s taken to the air.
A record label major is looking to ground a US airline, claiming that their inflight entertainment has been using big-name artists from its huge catalogue without permission, and worse still, that they’ve been illegally pirating content while traversing the big blue.
Last Tuesday 22nd October, Sony Music and several of its subsidiary labels filed a lawsuit against United Airlines and their entertainment associates Inflight Productions and Rightscom, claiming that they’d made copyrighted music available to airborne passengers through inflight services, as The Hollywood Reporter reports.
The complaint, filed to the New York Federal Court, cites multiple musical works – including from former king of pop Michael Jackson, current heir Justin Timberlake, as well as Bruce Springsteen and Britney Spears – as being ripped off by the flight carrier.
Sony claims United Airlines had been ‘duplicating’ copyrighted recordings and music videos, installing the allegedly pirated copies on servers located on-board their fleets of aircraft, then using the duplicated music as part of its “interactive, on-demand” inflight entertainment available to passengers. Sony claims United Airlines had been ‘duplicating’ copyrighted recordings and music videos, installing the allegedly pirated copies on servers located on-board their aircraft…
The lawsuit was in fact triggered by an accidental ‘tip-off’ by a company insider. Ahead of slamming United Airlines and its associates with the lawsuit, Sony Music were apparently contacted by a representative of copyrights management company Righstcom, working on behalf of Inflight Productions, seeking music rights for United Airlines.
The consultant divulged to Sony that he had “candidly acknowledged” that there was some potentially shady reproduction happening at the airline, allegedly telling Sony “it is going to be necessary for Inflight (Productions) to contact the labels individually to put the necessary licenses in place.” While initial discussions were tabled, Sony’s lawsuit states that United Airlines continued offering its customers access to the pirated content, leading to a breakdown in negotiations and the subsequent court action.
On top of the copyright breach claims, the lawsuit from Sony and its umbrella labels – including Arista Music, LaFace Records LLC, and Zomba Recording LLC – is also pursuing two additional claims for common-law infringement, citing instances of “pre-1972 works” and unfair competition.
Sony is objecting to the use of older artists, naming Aretha Franklin plus guitar visionaries Jimi Hendrix and Santana, in United Airlines’ inflight system, calling for an injunction, as well as seeking up to US$ 150,000 in statutory damages for each work from the airline.
“The harm to plaintiffs and their artists, who invest millions of dollars and enormous amounts of time and creative energy to produce and exploit the copyrighted works infringed by defendants, is both manifest and irreparable,” the complaint reads.
It’s not the first time the spheres of music and aircraft have overlapped in less-than-favourable ways. In August, ARIA-winning singer-songwriter Washington sued Qantas for misusing her music and image to promote the airline, claiming they’d misrepresented her by using a performance of her singing ‘I Still Call Australia Home’ in their advertising.
The airline then felt the curt tongue of another celebrated female musician, when an open letter from Missy Higgins ranting about Qantas’ lack of menu options for vegetarians went viral. After the candid post caught the attention of media, the ‘Scar’ singer explained it was intended to be satirical: ”Oh for God’s sake, I was having a laugh people! Not a rant! Grow a sense of humour!”
In more positive news, both Qantas and Virgin Airlines are upgrading their fleets to include on-board digital music streaming services as part of their inflight entertainment, while over in the UK, Virgin’s Richard Branson has gone one better with the introduction of live gigs on domestic flights. Additionally, Jetstar recently upgraded their carry-on baggage policies to accommodate the needs of travelling musicians,
