Music and Entertainment Rights Licensing Independent Network Limited v. Triller…

Background

The plaintiff, Music and Entertainment Rights Licensing Independent Network Limited, referred to in the filing as Merlin, asked for permission to file redacted versions of two documents supporting its motion for default judgment: a memorandum of law and the declaration of Ryan McWhinnie. Merlin sought to redact limited information about its licensing practices, including dollar amounts, specific licensing terms, and the method for calculating an incremental payment under a Most Favored Nation clause in a recorded-music license agreement.

Merlin argued that public disclosure could cause competitive harm. The court’s order also noted the strong public right of access to judicial documents under common law and the First Amendment. That right must be balanced against interests supporting nondisclosure, including protection of competitively sensitive business information where disclosure could cause significant and irreparable injury.

Ruling

Judge Gary Stein found that the proposed redactions in Docket Nos. 19 and 19-1 were narrowly tailored to protect business information. The court concluded that Merlin’s interest in maintaining the confidentiality of the redacted portions outweighed the presumption of full public access. The request to keep the unredacted memorandum and declaration under seal was granted, and the Clerk of Court was directed to maintain Docket No. 19 under seal. The court stated that, if the information is found to bear on damages or if Judge Vargas finds that it bears on adjudication of the parties’ substantive rights, Merlin may be required to provide additional support for continued sealing.