This time it’s LM Communications for allegedly using its copyrighted radio ratings estimates in Charleston, SC. LM O&O’s WCOO-FM and WYBB-FM in that market. Arbitron also filed similar suits against Renda Broadcasting in June and Saga in May.
In a complaint filed 8/6 in U.S. District Court for the Eastern District of Kentucky, Arbitron claims Lexington, KY-based LM copied, distributed and used audience estimates for the Charleston market beginning Spring 2009 through at least May of this year. The judge on the case is Karen K. Caldwell.
Arbitron believes LM got the data from sources including “one or more industry consultants.”
“Various members of the management of LM and its radio stations, including but not limited to LMC President and CEO Lynn Martin, specifically requested, instructed others to obtain, and illicitly obtained the Arbitron Reports, Databases, and Estimates on numerous occasions,” says the suit.
Arbitron also says LM set ad rates and made programming decisions in the market based on the data. Arbitron seeks a total of no less than $725,000 with interest, including attorney fees.
RBR-TVBR observation: The whole making examples of broadcasters with these huge money lawsuits—while it certainly recoups any losses from broadcasters’ decision not to subscribe—may send paying clients elsewhere. Yes, Arbitron is legally doing what is within its rights, but it seems like it is attacking the industry rather than helping it of late.
