Biography
Among his notable experience, Todd has led multiple trial teams over the past twenty years representing Sirius XM, Pandora and the Digital Media Association in multi-week proceedings before the CRB to set sound recording performance rates for those companies, as well as on appeal before the D.C. Circuit. Todd has also represented Sirius XM and Pandora in a number of federal court litigations, including ongoing copyright disputes with SoundExchange and the MLC and ongoing rate-court litigation against BMI. In previous rate-court cases, he helped background music service DMX secure the first ever “adjustable fee blanket license” from both ASCAP and BMI in consecutive trials in the Southern District of New York.
In addition to his role in cutting-edge music licensing litigation, Todd also regularly counsels clients – digital music services, social media platforms, broadcast and cable television networks, background music services, and satellite and broadcast radio companies, among others – in a variety of intellectual property matters, including the interplay between new product design, legal liability, safe-harbor protection, and music licensing requirements.
Todd’s interest in copyright and IP issues dates back to his days at Harvard Law School, where he was an active participant at the Berkman Center for Internet & Society and a contributor to the Berkman Publication Series, as well as to his experience as a lifelong musician. In 2026, Billboard magazine named him a “Top Music Lawyer” nationwide for the sixth consecutive year, and Variety named him to its “Music Legal Elite” list. Chambers USA has consistently recognized Todd as a leading lawyer in New York for Trademark, Copyright and Trade Secrets and Media and Entertainment: Litigation. Clients have noted that he is a “very smart, thoughtful and fantastic lawyer” with “clear communication, expertise and attention to detail,” who “goes the extra mile and takes the extra step to understand the business” in order to provide “clear and coherent legal advice in an area that is very complex.” Legal 500 has also recognized him as a recommended lawyer for Litigation in Media & Entertainment, Copyright, and Trademark Nationwide. Additionally, Lawdragon 500 has included him on its “Leading Entertainment, Sports & Media Lawyers,” “Leading Litigators in America,” and “Leading Global IP Lawyers” lists on numerous occasions, while Managing Intellectual Property has named him a ”Copyright Star.”
Todd writes and speaks regularly on IP developments and litigation. In 2020, he received a Burton Distinguished Legal Writing Award for an article he co-authored entitled “Music Licensing Overhaul Signed into Law,” which originally was published in Intellectual Property & Technology Law Journal.
Representative Cases:
Determination of Rates and Terms for Satellite Radio and Preexisting Subscription Services (PSS/SDARS IV) (U.S. Copyright Royalty Board 2026) (ongoing): lead counsel representing Sirius XM in litigation to set satellite radio sound recording royalty rates; multi-week trial scheduled for spring 2027.
Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies to Facilitate Performances (Web VI) (U.S. Copyright Royalty Board 2025): lead counsel representing Sirius XM and Pandora in litigation to set noninteractive streaming sound recording royalty rates, including multi-week trial before CRB conducted in 2025.
Determination of Rates and Terms for Making and Distributing Phonorecords (Phono V) (U.S. Copyright Royalty Board 2026) (ongoing); counsel for Pandora in litigation to set mechanical royalty rates for interactive music streaming; multi-week trial scheduled for spring 2027.
Mechanical Licensing Collective v. Pandora Media, LLC (M.D. Tenn.) (ongoing, trial pending): co-lead counsel for Pandora in dispute addressing mechanical license payments under Section 115 statutory license.
Broadcast Music, Inc. v. Sirius XM Radio LLC (S.D.N.Y.) (ongoing, trial in Jan. 2027): co-lead counsel for Sirius XM in rate court litigation setting public performance royalties for the company.
UMG Recordings, Inc. et al. v. Believe S.A. and TuneCore, Inc. (S.D.N.Y. 2024): represented and achieved successful resolution of copyright infringement litigation brought by UMG against Believe and TuneCore.
SoundExchange, Inc. v. Sirius XM Radio Inc. (S.D.N.Y. 2025): represented Sirius XM in litigation seeking back-payment of music royalties; successfully secured precedent-setting motion to dismiss the claims in their entirety.
In the Matter of Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings (Web V) (U.S. Copyright Royalty Board 2020): co-lead counsel representing Sirius XM and Pandora in litigation to set noninteractive streaming sound recording royalty rates, including multi-week trial before CRB conducted in 2020.
In re Determination of Royalty Rates and Terms for Transmission of Sound Recordings by Satellite Radio and “Preexisting” Subscription Services (SDARS III) (U.S. Copyright Royalty Board 2017): represented Sirius XM in five-week trial before the CRB to set royalty rates for the public performance of sound recordings.
SoundExchange, Inc. v. Sirius XM Satellite Radio Inc. (D.D.C. 2017): secured favorable settlement of longstanding dispute involving Sirius XM’s statutory license royalty payments.
In the Matter of Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings (Web IV) (U.S. Copyright Royalty Board 2015): representing Internet webcaster Pandora, secured highly favorable sound recording performance royalty rates for the 2016-2020 license period following a six-week trial before the CRB; defended successfully on appeal in D.C. Circuit.
In the Matter of Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services (SDARS II) (U.S. Copyright Royalty Board 2012): royalty-rate victory for Sirius XM following 19 days of trial in federal rate-setting litigation before the CRB; defended successfully on appeal in D.C. Circuit.
Broadcast Music, Inc. v. DMX, Inc. (S.D.N.Y. 2010): precedent-setting trial victory on behalf of background music service DMX in the BMI rate court establishing rates and terms for the first ever BMI “Adjustable Fee Blanket License.”
United States v. ASCAP (In the Matter of DMX, Inc.) (S.D.N.Y. 2010): complete trial victory for DMX in the ASCAP rate court establishing rates and terms for the first ever ASCAP “Adjustable Fee Blanket License.”
Determination of Rates and Terms for Satellite Digital Audio Radio Services (SDARS I) (U.S. Copyright Royalty Board 2008): trial victory for Sirius XM establishing favorable rates and terms for sound recording performance rights; defended successfully on appeal in D.C. Circuit.
Cambridge University Press, Oxford University Press, Sage Publications, Inc. v. Mark P. Becker, et al. (N.D. Ga.): ongoing representation of academic publisher plaintiffs in copyright infringement litigation addressing the legality of unlicensed distribution of digital course-reading materials at Georgia State University.