Todd Larson, an IP/Media partner in the Firm’s Litigation Department, represents a wide array of traditional media and new media clients in copyright infringement litigation, rate-setting litigation before the ASCAP and BMI rate courts and the Copyright Royalty Board, and negotiation of music publishing and sound recording performance licenses.
Most recently, he was a member of the trial teams representing Pandora, and before that Sirius XM, in proceedings before the Copyright Royalty Board (CRB) to set sound recording performance rates for those companies. Before that, he helped background music service DMX secure the first ever “adjustable fee blanket license” from both ASCAP and BMI in consecutive SDNY “rate court” trials. In addition to his role in such pathbreaking litigation, Mr. Larson also regularly counsels clients – including digital music services, social media providers, 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, and music licensing requirements. Mr. Larson’s interest in copyright and IP issues dates 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 working musician. Mr. Larson was also a Notes Editor of the Harvard Law Review. Mr. Larson is currently recognized by Legal 500 as a recommended lawyer for Copyright and, in 2014 and 2015, he was recognized as a “Rising Star” by New York Super Lawyers.
Mr. Larson has worked on matters for Pandora, Facebook, the Association of American Publishers, Cambridge University Press, Oxford University Press, Clear Channel Communications, CBS Radio, Discovery Communications, DMX, Inc., MSG Networks, NBC, Sirius XM Satellite Radio, and the Television Music License Committee, among others.
- In the Matter of Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings (Web IV) (US 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 Copyright Royalty Board.
- In the Matter of Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services (US Copyright Royalty Board 2012): representing, Sirius XM Satellite Radio, secured highly favorable sound recording performance royalty rates following 19 days of trial of federal rate-setting litigation before the Copyright Royalty Board.
- 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 (Copyright Royalty Board 2008): trial victory for Sirius XM satellite radio 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. Georgia): ongoing copyright infringement litigation on behalf of three academic publisher plaintiffs addressing the legality of unlicensed distribution of digital course-reading materials at Georgia State University.