Arbitron is becoming more stringent than ever when it comes to non-subscribing stations using its ratings to sell against. So much so that this time around it employed a sting against rep firm McGavren Guild and Longport Media in Atlantic City.
Arbitron filed a federal suit against McGavren Guild and Longport after findings from what it calls a sting operation that found its data was being used to help Longport’s five non-subscribing stations. McGavren is an Arbitron subscriber but the suit says that doesn’t mean it can use ratings data from non-subscribing stations.
Says the suit: “This is an action for copyright infringement and breach of contract,” and continued “claims in this action arise from the Defendants’ unauthorized reproduction and distribution of Arbitron’s copyrighted estimates…Neither Longpory nor any of the radio stations it owns, operates and/or controls are Arbitron subscribers authorized to receive or use the Arbitron Reports, Databases and/or research services.”
In the sting, Arbitron tapped Kevin Potter, a consultant posing as an advertiser interested in purchasing ad time on a Longport station. Arbitron says he was given data that included copyrighted audience estimates for the Longport stations from the Spring 2011 reports using STRATA software.
The ratings company is seeking damages from both McGavren Guild and Longport of at least $150,000, attorney’s fees and costs and an “award of enhanced damages.”
RBR-TVBR observation: It’s a double-edged sword. Yes, Arbitron is acting within its legal rights to do this and eventually they had to make an example out of violators. However, this was fairly sneaky and it just may turn off rep firms and stations to doing business with the company. Biting the hand that feeds you isn’t always the best choice.
