So before a judge ruled in the class action suit, Wixen preemptively filed this new lawsuit, which alleges that as many as 21% of 6.1 million of the 30 million songs streamed on Spotify are unlicensed.
Wixen's lawsuit says the proposed settlement "does not adequately compensate Wixen or the songwriters it represents".
The battle between songwriters, music publishers and Spotify intensified with the December 29th filing of the most serious lawsuit yet against the music streamer. In return, Spotify questioned Wixen's standing in the case, countering that while the publisher has the rights to administer these songs, their deals did not explicitly include the right to litigate on behalf of the songwriters.
This was "in part because of their belief that the proposed settlement is inadequate, because too much of the settlement is going to legal fees, and because the terms of the go-forward license in the settlement are not in their long-term best interests", the statement said. Overall, Wixen alleges, more than 6 million of Spotify's songs are improperly licensed, representing about a fifth of its catalog.More news: Citi analysts see 40% chance Apple will buy Netflix
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Additionally, Spotify is now engaged in another lawsuit with Bob Gaudio from Frankie Valli and The Four Seasons, who alleges that Spotify has failed to comply with a section of the U.S. Copyright Act by failing to send "notice of intention" to reproduce their music online.
A representative for Spotify declined Variety's request for comment.
Wixen also alleged that Spotify outsourced its work to a third party, licensing and royalty services provider the Harry Fox Agency, which was "ill-equipped to obtain all the necessary mechanical licenses". That's less than one-10th of the revenue Spotify is believed to generate each month from what it says are about 60 million paying subscribers at $9.99 a month.