Arbitron Continues Copyright Actions

Radio research giant Arbitron is suing broadcaster LM Communications for alleged unauthorized use of its ratings in the Charleston, SC market. The firm has also fallen out with radio station owner Jeff Jacobs after he posted a picture of Arbitron's diary instruction page on his Facebook page.

In May, Arbitron filed a complaint against broadcaster Saga Communications who it said had used its ratings without paying, and in June the company sued Renda Broadcasting Corporation for the same offence. Saga has since denied most of the allegations, describing Arbitron's initial filing as 'an improper and illegitimate effort to maintain its near-monopoly on radio ratings, and to maintain the exorbitant prices it charges for its reports', while stating that Arbitron is running a campaign to 'intimidate and harass' radio stations that cancel their subscriptions.

In its latest lawsuit, filed in the US District Court for the Kentucky Eastern District, Arbitron claims that LM copied, distributed and used its copyrighted audience estimates for the Charleston, SC, market during spring 2009 through to May 2013. LM owns six radio stations in Lexington, KY, and five in Charleston, and while the firm subscribes to Arbitron data for the Lexington markets, it does not subscribe in Charleston. Arbitron believes LM received the Charleston data from 'various sources', including one or more unnamed industry consultants.

Arbitron also states in the filing that various LM managers, including President and CEO Lynn Martin, 'specifically requested, instructed others to obtain, and illicitly obtained' the Arbitron reports, databases, and estimates on numerous occasions. To settle the case, Arbitron is seeking a minimum of $725k plus interest and attorney's fees. LM has not yet responded to the suit.

Meanwhile, Arbitron has accused KLKY and KWCQ radio station owner Jacobs of creating 'ratings bias', after he posted a picture of the Arbitron diary instruction page on his Facebook page, accompanied by the words: 'Warning: If you get one of these in the mail, send it back letting them know you listen to U-Rock Radio and 107.3 The Beat'. Arbitron says it is concerned that such activities could distort survey results by prompting a particular station's listeners to participate in its surveys, or prompting its diarykeepers to report listening to a particular station.

Web site: www.arbitron.com .

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.

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