Spotify has been under fire over unpaid royalties for some time. As a result they hired HFA (a former subsidiary of NMPA) to obtain mechanical licenses of songwriters and publishers that opted into their service, as well as sending ‘Notices of Intent’ on Spotify’s behalf for those songwriters and publishers who haven’t yet opted into their service.
But is this a giant conflict of interest? Lowery certainly thinks so.
In the original post on The Trichordist, Lowery also made this point:
As [HFA] are acting as an agent of Spotify isn’t this an improper Ex-parte communication [to a plaintiff in a lawsuit by the defendant on a matter at the heart of the lawsuit when the plaintiff obviously is represented by a lawyer to whom the communication should have been sent]?