Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
Nov. 29 — Sirius XM Radio Inc. and two members of the 1960s band the Turtles have reached a settlement that could bring $99 million to owners of rights in pre-1972 sound recordings, according to a motion for preliminary approval of a class action settlement filed Nov. 28 in the U.S. District Court for the Central District of California. Flo & Eddie, Inc. v. Sirius XM Radio Inc. , C.D. Cal., No. 13-05693, motion for preliminary approval of class action settlement 11/28/16 .
According to the motion, rightsholders who join the settlement class will be guaranteed $25 million when the settlement gets final approval, and additional amounts based on success in other court proceedings, up to $99 million.
Anyone who has rights in a pre-1972 recording that Sirius XM used from Aug. 1, 2009, to Nov. 14, 2016, will have the chance to file a claim for a portion of the settlement funds, according to the motion. And the settlement will encompass the entire United States, even though the certified class for this particular action applied only to California.
The settlement also gives Sirius XM a 10-year license to play the relevant recordings.
Flo & Eddie Inc.—the company owned by the two Turtles members—sued Sirius XM for playing hits like “Happy Together” without paying royalties. The federal Copyright Act doesn’t cover recordings made before 1972, so older records have been governed by individual state laws. Sirius XM had argued that there was no requirement under California law that it pay royalties for public performance for oldies.
In 2014, the federal court in California found that owners of pre-1972 recordings had a public performance right under state law. The Turtles members are also pursuing similar lawsuits under New York and Florida law.
In both those states, federal appeals courts have referred the question of whether rightsholders in pre-1972 recordings have public performance rights to their respective state supreme courts. At the federal trial court level, such a right was found under New York law, but not under Florida law.
Cohen & Cohen and Gradstein & Marzano P.C. represented Flo & Eddie Inc. O’Melveny & Myers LLP and Weil Gotshal & Manges LLP represented Sirius XM.
To contact the reporter on this story: Anandashankar Mazumdar in Washington at AMazumdar@bna.com
To contact the editor responsible for this story: Mike Wilczek at email@example.com
Text available at http://src.bna.com/kmV
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)