Sonos Radio launched in April 2020 with Napster as the authorized agent, submitting the required royalty reports and royalties to SoundExchange. While all went well initially, payments stopped around May 2022. At the time, Napster had been acquired by venture capital firms Hivemind and Algorand, with a focus on "web3" technologies, including cryptocurrencies and blockchain. According to the complaint, the takeover resulted in a "complete breakdown of reporting and payment for the Sonos Radio service." The alleged payment problems eventually came to light during an audit initiated by SoundExchange in 2023, which concluded that Sonos and Napster owed millions in unpaid royalties.
Sonos and Napster are no longer partners in the radio service, as the audio equipment manufacturer switched to Deezer around April 2023. That appears to have solved the royalty issues, but SoundExchange still believes it is owed more than $3 million. "In total, Sonos, and its agent Napster, have failed to pay at least $3,423,844.41 comprising royalties owed for the period October 2022 to April 2023, interest, late fees, and auditor fee-shifting costs, and subtracting Sonos and Napster's payments made to date. "Late fees and interest continue to grow," SoundExchange adds, while requesting compensation in full. The complaint lists one count of "underpayment" of statutory royalties, and one count of "non-payment" of royalties, as determined by the audit. For both Copyright Act violations, SoundExchange requests damages of at least $3.4 million.
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