A decision has been made regarding The Turtles’ pre-1972 recording lawsuit against Sirius XM.
Sirius XM hasn’t been paying performance royalties for music recorded before 1972, including music by The Turtles. These pre-1972 recordings are covered by state law, but not federal law. Flo & Eddie of The Turtles say that state laws cover public performances, and that Sirius XM owes them royalties.
Flo & Eddie were seeking $100 million in damages.
Judge Philip Gutierrez awarded a victory to Flo & Eddie, saying this in his ruling:
“…Sirius XM publicly performs Flo & Eddie’s sound recordings without authorization to do so…At minimum, Flo & Eddie was injured by Sirius XM’s conduct in the form of foregone licensing or royalty payments that Sirius XM should have paid before publicly performing Flo & Eddie’s recordings.”
Gutierrez also said:
“There was wrongful disposition of that property right every time Sirius XM publicly performed the recordings without Flo & Eddie’s permission, in violation of California copyright law.”
This ruling will definitely have an impact on Sirius XM’s use of other pre-1972 recordings, as well as the use of other broadcasters.
Nina Ulloa covers breaking news, tech, and more. Follow her on Twitter: @nine_u
Photo by Me2, licensed under Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0).