Arbitron and Magic Broadcasting Settle Lawsuit

Ratings giant Arbitron has settled its lawsuit against Magic Broadcasting, resolving claims that its former client was guilty of copyright infringement and breach of license agreement. Terms of the settlement payment were not disclosed.

News of the dispute broke last November, when Arbitron alleged that Magic Broadcasting was guilty of continuing to use its data after failing to renew its contract in 2010. According to Arbitron's claims, after allowing this contract to lapse, Magic ran promotions on its WKMX station, which stated that it was the 'most listened to station in the Wiregrass' - a claim which Arbitron said relied on its data.

Two months prior to this, Arbitron accused Magic of improperly using its information when broadcasting that a particular show had moved up from 'seventh in the market to first', and the company also charged Magic with trying to obtain Arbitron numbers from a former sister station in Panama City.

Magic has now agreed to settle for an undisclosed sum, while agreeing 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. In addition, the broadcaster has agreed that its on-air personalities are not authorized to refer to Arbitron ratings data, and that it will refrain from making any unauthorized use of these ratings in the future.

Arbitron in turn has agreed not pursue legal action against Magic as long as the broadcaster complies with the terms of the settlement agreement.

Web site: www.arbitron.com .