Fresh off their court win against Sirius XM in a landmark decision forcing digital broadcasters to pay royalties on the performance of pre-1972 recordings, Flo & Eddie of The Turtles have slapped Pandora with a $25 million class-action lawsuit for the same offense.
“Pandora is aware that it does not have any license, right or authority to reproduce, perform, distribute or otherwise exploit via the Music Service any pre-1972 recordings,” reads the complaint. “Pandora understands that having a vast range and array of music is critical to the success of any music service which is why pre-1972 recordings constitute a significant part of the Music Service… Pandora offers and advertises stations dedicated to pre-1972 recordings, such as ’50s Rock n’ Roll,’ ’60s Oldies,’ ‘Motown,’ ‘Doo-Wop, ’70s Folk,’ ‘Early Jazz,’ ‘Standards,’ ‘Classic Soul,’ ‘Jam Bands,’ and ‘Classical Rock.”\
A Pandora spokesman responded that the company was confident in its legal position; adding that Pandora, like Sirius XM, pays songwriting royalties “on all spins, including pre-1972.”
SiriusXM has said they will appeal.