WestwoodOne Sued For Playing 'Spirit In The Sky'
December 2, 2013 at 3:49 AM (PT)
WESTWOOD ONE, INC. and VERGE MEDIA SOLUTIONS, LLC have been sued in the Northern District of CALIFORNIA by ERIK JACOBSEN and his GREAT HONESTY MUSIC for copyright infringement, misappropriation, and conversion over the syndicator's use of the 1969 NORMAN GREENBAUM hit "Spirit in the Sky," to which the plaintiff claims to hold the copyright.
The suit alleges that the syndicator and predecessor TM CENTURY have been using the song since SEPTEMBER 2004 and "infringed the copyright in and to the Song by, among other things, reproducing, manufacturing and distributing copies of the Song to RADIO AMERICA and other radio stations, networks and entities as yet unknown."
The plaintiff said that he learned of the use by hearing it on Dr. JOY BROWNE's show; he is claiming statutory damages of $150,000 per infringing use and attorney's fees, citing CALIFORNIA state law for pre-1972 recordings.