Live concert archive Wolfgang’s Vault sued by 26 companies
The National Music Publishers’ Association (NMPA) is taking court action against US-based merch company and live concert archive Wolfgang’s Vault.
The NMPA is filing a major copyright infringement case today on behalf 26 music companies. It alleges that Wolfgang’s Vault, an online marketplace that disseminates live audio, concert video, vinyl and merchandise, has infringed on the companies’ recording copyrights via streaming, download and physical sales. Wolfgang’s Vault also disseminates its content through its sister sites ConcertVault, Daytrotter and MusicVault, as well as via YouTube.
“Wolfgang’s Vault calls itself the ‘largest collection of live audio and vide recordings online’ and the ‘world’s largest collection of live music,’ and values just a portion of its music collection at over a $100 million,” the NMPA stated.
“However, much of its content was never properly licensed. This lawsuit not only intends to stop these entities use of unlicensed works, but also to pay back those whose material has been exploited.”
The music companies seek the maximum statutory amount of $150,000 per infringement, or a lump sum payment of $120 million for the 800 total infringement cases listed in the complaint. The companies also request the profits made from sales, as well as compensation for legal fees and damages.
Wolfgang’s Vault acquires its content from various sources including Newport Jazz and Folk Festival, and concert promoter Bill Graham. However, the complaint states that the sources did not permit Wolfgang’s Vault to sell those recordings. It also maintains that the company lacks both synch and mechanical licenses to its recording archive.
In a statement to Hypebot, David Israelite, President of NMPA, said that music platforms could not continue to use copyright infringement as a business model.
“The Wolfgang’s Vault websites have profited in large part because of the significant use of unlicensed music, primarily concert footage, available on their sites,” said Israelite.
“Systematic copyright infringement cannot be a business model, and it is unfortunate that Wolfgang’s Vault chose not to compensate all of the creators responsible for their content.”
In 2006, Wolfgang’s Vault faced a similar lawsuit filed by bands including The Doors, The Grateful Dead and Santana, among others. The case ended in a settlement two years later.
Speaking to Billboard in 2011, Bill Norton, CEO of Wolfgang’s Vault, said that the company paid all necessary licenses, including interactive streaming and public rights organisations.
“We own the copyrights to the live performance masters. All the rights we thought we had when we bought these archives are rights that we still have and, in some cases, were expanded as a result of the litigation,” he said.