NEWS5 December 2011

Arbitron sues former customer Magic Broadcasting

Legal North America

US— Arbitron is suing a former client, Magic Broadcasting, for allegedly using its radio ratings reports without a licence.

The research firm claims copyright infringement and breach of contract and is looking for damages totalling at least $350,000. It also wants a preliminary and permanent injunction “enjoining and restraining” Magic from using its data.

Magic was an Arbitron subscriber between 2005 and 2010 but the audience measurement firm complains that the broadcaster’s WKMX-FM station advertised itself in August this year as “the most listened-to radio station in the Wiregrass”.

Arbitron believes this claim was made in reference to WKMX-FM’s ranking in an Arbitron report – which, outside of contract, would constitute “wrongful use” of its reports.

Similar ranking claims were made in a September article, Arbitron says, and it further alleges that in November Magic attempted to obtain copies of additional Arbitron reports from a former sister station in Panama City, Florida.