Sirius XM plans appeal of pre-1972 copyright case ruling

Following the recent copyright ruling in favor of The Turtles, Sirius XM said it will appeal the decision. “We think Judge Gutierrez is wrong,” Sirius CFO David Frear said at a conference this week. “We’ve been observing the law since we started service.” Frear said that the pre-1972 ruling has much broader implications than for just the satellite radio company. Continue Reading

Universal seeks summary judgment against Grooveshark in pre-1972 copyright case

Sirius XM was on the receiving end of some bad copyright news last week, and this week the recipient is Grooveshark. Universal Music Group is pushing for a summary judgment, claiming that it is the owner of pre-1972 recordings played on the streaming service. Since Grooveshark’s users are the ones uploading content and since labels can issue takedown notices, the platform has argued that it is covered by the Digital Millennium Copyright Act’s safe harbors and thus is not liable for infringement. Universal is arguing that this provision should not apply to the music dating before 1972. Continue Reading

David Oxenford: Court Ruling for pre-1972 Music: What Does It Mean?

by David Oxenford

“This is a very surprising decision,” writes broadcast attorney David Oxenford in this comprehensive analysis of a federal court ruling in California. Looking forward, much depends on whether the surprising decision is upheld in appeal, and whather it is replicated in other courtrooms and states. “If this decision were upheld, the potential ramifications for business in California could be great.” Oxenford, who wrote about “The Summer of Copyright” this year, declares the start of what could be an equally contentious new season — “The Autumn of Copyright has begun!” Continue Reading

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Artists win first ruling in pre-1972 royalty lawsuits; Sirius XM loses — impact unclear

A California judge has delivered a result in the Turtles vs. Sirius XM class action case, in which the oldies band sought damages for Sirius XM’s failure to pay royalties for use of pre-1972 music. The court issued a summary judgment in favor of the artists, striking a blow to Sirius XM and sending tectonic shock waves across the streaming music landscape. Although the ruling is clear, its impact is not. The case centers on discrepancies between state and federal music-licensing laws, and lack of clear regulation in both realms. Continue Reading

Judge gives Sirius XM hope in pre-1972 copyright trial

Last September, several major record labels filed a lawsuit against Sirius XM seeking damages for the satellite radio company’s failure to pay royalties for recordings made before federal copyright protection was enacted in 1972. According to The Hollywood Reporter, the judge hearing the lawsuit issued a tentative ruling that indicates a favorable result for the satellite radio company. The suit in question was filed last September by Capitol Records, Sony Music Entertainment, Universal Music Group Recordings, and ABKCO, with the labels arguing that state laws should protect use of the older recordings. Continue Reading

James Cridland’s International Radio Trends: The future of radio in 1972

by James Cridland

James Cridland’s International Radio Trends is a column by the Australia-based radio futurologist. THIS WEEK: James reflects on the value (or lack of value) in music logs for radio presenters. Plus, an artistic look at the past future from the more distant past. Continue Reading

RAIN Summit Indy to present vital copyright issues

In what most observers regard as a crucial year for music licensing, copyright, and royalties, RAIN Summit Indy will face the issues head-on with a panel of experts to demystify the complexities and throw light on the issues. The Royalty Reset session will discuss the potential impact on the Internet radio industry of possible changes to the U.S. music-licensing regulations. It comes at a time when, remarkably, nearly all parties involved (music rights owners, performing rights organizations, senators and members of congress, musicians) agree that current law is broken. But there is no accord on which parts need overhaul. Continue Reading