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In-flight entertainment firm countersues Universal
By Chris Cooke | Published on Friday 20 March 2015
The in-flight entertainment company which has been caught up in litigation with the majors over whether it had the right licences for pumping music into aeroplanes is fighting back.
As previously reported, Sony Music was first to go legal over in-flight music content, targeting United Airlines and its partner in music, Dublin-based InFlight, in late 2013. Then last year Universal joined the party, also suing both the airline and the in-flight entertainment service provider.
But InFlight has now submitted a countersuit in the Universal case, saying that it had regular contact with the major prior to litigation, that its attempts to fill any ‘licensing gaps’ were hindered by delays on the music firm’s side, and that it had always been assured that its continued use of recordings released by Universal labels was acceptable until a final licence was provided.
According to The Hollywood Reporter, InFlight says that it began talking to Universal in 2009 and basically agreed terms, but was then kept waiting for a promised licensing agreement. But “during this time frame, Universal Music assured InFlight that its continued reproduction and distribution of Universal Music’s works in the United States for use on airlines was acceptable”.
Indeed, the in-flight firm says: “Universal music knew, expected and, indeed, hoped that these sound recordings (or at least some of them) would be used by [InFlight] and their airline customers in connection with in-flight audio entertainment services provided by airlines to their passengers, who were essentially a captive audience for hours at a time”.
But around the time Sony began legal action over in-flight music, Universal sent a cease and desist to InFlight which, it claims, interfered with its contractual relationships with the airlines. InFlight also alleges that this move was in part because the major had ambitions to strike up direct relations with the airlines in a bid to build a new revenue stream.
All in all, InFlight is alleging misrepresentation, concealment, interference with contractual relations and interference with prospective business advantage. So, that’s plenty to be getting on with, isn’t it? Universal is yet to respond.
