SiriusXM wins appeal review from 2nd Circuit on pre-1972 copyright case

SiriusXM and Flo & Eddie, the company representing 60s band the Turtles, have been playing legal ping pong over the copyright for songs that were recorded prior to 1972, the date when federal copyright law took effect. The latest salvo comes from the satellite radio company, which has successfully petitioned the 2nd Circuit court to receive a review of the decisions handed down in the New York case by Judge Colleen McMahon. Continue Reading

Sirius XM wins right to appeal in New York for pre-1972 copyright suit

U.S. District Judge Colleen McMahon has granted Sirius XM the right to appeal its New York lawsuit over royalties for pre-1972 recordings. McMahon wrote that she granted appeal permission because of “a critically important controlling question of law” and uncertainty about whether Sirius XM had fair use to make temporary copies of the music. She determined that the case “warrants a close look by a controlling court.” Continue Reading

Copyright Office Issues Report on Music Licensing, Issues Include Broadcast Performance Royalties, Publisher Withdrawals from ASCAP and BMI, and Pre-1972 Sound Recordings

by David Oxenford

As we reported last week, the U.S. Copyright Office released a comprehensive review of music licensing, and made recommendations for changes. Broadcast Law Attorney offers this thorough analysis of the report’s contents.

“The report tees up many issues for consideration. So now, let the debate begin!” Continue Reading

Proposed class actions could hit Beats, Rdio, Google, and more with pre-1972 copyright judgments

On Thursday, Zenbu Magazines filed multiple proposed class-action lawsuits against several streaming services seeking to collect royalties on music recorded before 1972. The company targeted Beats Electronics, Sony Entertainment, Google, Rdio, Songza, Slacker, and Escape Media Group (which owns Grooveshark) in the complaints. Continue Reading

Pandora asserts constitutional freedoms in ongoing pre-1972 legal saga

Pandora has entered the ring to defend itself against the lawsuit filed by the Turtles, which seeks royalty payments for songs dating to before 1972. The online radio company filed a response in California, claiming that the lawsuit infringes its freedom of speech and asking that the court block the band’s demands. Continue Reading

California judge blocks Sirius XM’s immediate appeal in pre-1972 copyright case

U.S. District Judge Philip Gutierrez has denied Sirius XM’s motion to start an immediate appeal for his summary judgment in favor of members of The Turtles, according to The Hollywood Reporter. He refused the immediate appeal on claims that it would delay instead of advance the end of the lawsuit. Continue Reading

New York Court Finds Public Performance Right in Pre-1972 Recordings; How Will this Affect Music Use?

by David Oxenford

David Oxenford explains potential impacts and consequences of the latest pre-1972 copyright court action. “All music users that play oldies, whether the businesses be digital music services, radio stations, bars and restaurants or retail outlets, need to be carefully following the action in this case.” Continue Reading

Sirius XM gets another pre-1972 setback, N.Y. judge rules against request for summary dismissal

A New York judge ruled against Sirius XM’s motion for a summary judgment in a lawsuit filed by the Turtles. The band is seeking $100 million in damages for the satellite radio’s playing its songs from before 1972, when federal copyright laws took effect. It is the latest in a series of state court decisions that challenge a loophole in federal music licensing regulations. Continue Reading

Sirius XM loses second pre-1972 court judgment

The judicial trend in cases about the copyright pre-1972 recordings has swung decidedly in the favor of artists. In August, Judge Mary Strobel issued a tentative ruling in support of Sirius XM in its legal defense against major record labels. However, on Tuesday she ruled in favor of the plaintiffs, securing compensation for the labels for the public performance of pre-1972 recordings. Continue Reading