Pandora Media has resolved yearslong copyright infringement litigation by Robin Williams' estate, Lewis Black, and other comedians, who alleged the streaming service owes millions for wrongfully profiting off their performances and works without licensing agreements, following a settlement conference in California federal court Friday.

On Jan. 29, U.S. Magistrate Judge Maria A. Audero of the Central District of California handed down a minute order that stated the parties had conducted a settlement conference ending in a resolution to the four-year-old case in its entirety, including all member and related cases on the docket.

A long-form agreement will be submitted in the coming weeks, according to the minute order.

The comedians, who include Black, George Lopez, and Ron White, along with Williams' estate, sued Pandora in 2022, alleging they were owed $60 million in royalties collectively. The plaintiffs argued Pandora illegally aired their comedy acts and works without permission, in violation of the Copyright Act.

Shortly after filing their separate suits, the comedians consolidated the claims against Pandora into a single action. In September 2022, Pandora hit back against Black and licensing agency Spoken Giants LLC with antitrust counterclaims, arguing they were part of a "cartel" seeking to monopolize the licensing of comedians' recorded performances. The following month, U.S. District Judge Mark C. Scarsi booted Pandora's competition counterclaims, finding the streaming giant didn't back up its licensing monopoly "conspiracy" argument with enough facts.

Pandora amended its antitrust counterclaims, but Judge Scarsi dismissed them again the following year, finding it failed to adequately allege enough facts to support its claims of anticompetitive conduct.

In August 2024, both sides filed dueling summary judgment bids. The comedians argued the uncontested facts clearly showed the defendant engaged in copyright infringement by airing the recordings without specific licensing deals from the comedians, while Pandora argued the entire dispute was manufactured out of nothing.

Furthermore, Pandora contended it only needs to license the recordings from the record labels that made those recordings, not the comedians themselves. In September, Judge Scarsi sought a special master to review the fight and make a recommendation after holding oral arguments on both motions.

Last summer, Special Master Suzanne H. Segal recommended that Judge Scarsi hand Pandora its summary judgment win, finding the comedians waited too long to sue. She found that Pandora is entitled to summary judgment on the basis of its implied license and equitable estoppel defenses due to the comedian's purported knowledge and acceptance of Pandora's use of their routines for many years without objection. Therefore, it is unnecessary to reach the other arguments raised by Pandora, the special master found.

However, Judge Scarsi sent the summary judgment motions back to the special master in September for further consideration. According to his order, the comedians argued at a hearing that the first two elements are "indisputably unmet in their estimation," but Judge Scarsi said this does not shut down an implied license defense.

"True, the circuit court has left this defense underdefined outside the well-trodden work-for-hire context of Effects Associates and its progeny. No binding decisions in the parties' cited authorities or in the court's independent research expressly recognize that a defense may lie outside Effects Associates' three-element test," the judge said. "Conversely, however, no binding decisions preclude one."

Judge Scarsi directed the comedians and Pandora to engage in settlement conferences before U.S. Magistrate Judge Maria Audero. Judge Scarsi said the parties had "consistently represented that they have expended significant time and resources toward this litigation" and that more proceedings before the magistrate judge would cause them to incur more expenditures "given the anticipated scope of the court's instructions for further development."

"We at SiriusXM and Pandora are pleased to have resolved this matter amicably, with an outcome that affirms the legality of our long-standing approach to licensing spoken-word comedy recordings. While the specific terms of the settlement are confidential, we can disclose that the companies did not take any literary work license from plaintiffs or Word Collections, nor did Pandora or SiriusXM make any payments to plaintiffs or Word Collections for the literary work rights at issue in the lawsuits. We look forward to continuing our mutually beneficial relationship with comedians, using the same licensing practices that have long been standard across streaming services, broadcasters, and other platforms that help comedians and spoken-word artists share and promote their work."

Richard Steven Busch of King and Ballow Law Offices, told Law360 that the parties settled the case amicably.

The plaintiffs are represented by Richard Steven Busch, Seth Davis Mumy, David M. Niemierzycki, and Andrew H. Davis of King and Ballow Law Offices, Daniel B. Asimow of Arnold & Porter Kaye Scholer LLP.

Pandora is represented by Christopher Kelly, Allison Aviki, David Yolkut, John Nadolenco, Douglas A. Smith, Max W. Hirsch, Megan P. Fitzgerald, and Michael A. Calvanico of Mayer Brown LLP, and Paul M. Fakler and Jacob B. Ebin of King and Spalding LLP.

The case is Yellow Rose Productions Inc. v. Pandora Media LLC, case number 2:22-cv-00809, in the U.S. District Court for the Central District of California.