EMI is suing the parent company of music streaming service Grooveshark for breach of contract and unauthorised use of the label's recordings.
According to the lawsuit, EMI had entered into an agreement with Grooveshark in 2009 for the digital streaming of select pre-1972 recordings. Grooveshark has twice been in breach of contract for failure to pay monthly payments and provide sales reports and continues to exploit EMI's catalogue.
This is the third time in 2012 the major label has struck legal action against Escape Media Group - in January EMI sued Grooveshark for breach of contract and in March and terminated its distribution agreement.
The complaint argues Grooveshark is not entitled to invoke the "safe harbor" of the Digital Millennium Copyright Act because it had previously agreed it would not stream EMI recordings without a content agreement in place. The "safe harbor" allows a digital service provider to remove infringing content uploaded by users.
EMI's latest complaint does not specify an amount of damages caused by Grooveshark, but it cites the maximum statutory to which EMI is entitled of $150,000 per work infringed.