NEWS1 November 2012

Arbitron settles copyright infringement suit with Magic

Legal North America

US — Audience measurement firm Arbitron has agreed a settlement deal with US radio broadcaster Magic Broadcasting over alleged copyright infringements dating back to late last year.

Arbitron launched proceedings in December 2011 against its former customer, alleging that Magic Broadcasting improperly used proprietary or copyrighted Arbitron materials, information, and data after the expiration of its license agreement.

Magic Broadcasting, which formerly owned and operated several radio stations in the Dothan, Alabama market, has now agreed to settle the case for an undisclosed sum. The broadcaster also agreed not to engage in any activities that would infringe, misappropriate, or breach Arbitron’s intellectual property rights in any of its reports, data or software. This includes preventing its station hosts refering to Arbitron ratings data.

Arbitron sued Magic after one of its stations advertised itself as “the most listened-to radio station” in the Wiregrass region. Arbitron believed the claim was made in reference to the station’s ranking in an Arbitron report – which, outside of contract, would constitute “wrongful use”.

Arbitron says it will not pursue further action against Magic as long as it complies with the terms of the settlement deal.