Sirius XM agrees to settlement, will pay states for misleading advertising and billing

Sirius XM has agreed to a settlement of $3.8 million following claims that it engaged in misleading advertising and billing practices. The complaint was brought by 45 state consumer protection agencies that argued Sirius customers were having issues canceling their contracts. The agencies claimed that the satellite radio company offered extra incentives to staff members who retained customers who wanted to end their subscriptions. 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

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

The Turtles now targeting Pandora with class-action copyright infringement suit

The Turtles have filed a class-action suit against Pandora, claiming $25 million in damages for copyright infringement. The New York Times reported that pre-1972 songs only account for about 5% of the music played on Pandora. A representative from the online radio company said that the platform was confident in its actions, noting that Pandora pays separate songwriting royalties on all its music, including those tunes from before the pivotal dates. Continue Reading

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

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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

Sirius XM increases predictions for member growth in 2014

Sirius XM shared strong subscriber growth in its second-quarter conference call, but recently increased its projections for that metric. In the call, the company predicted that it would add 1.25 million new subscribers for the year. Now it has increased that guidance, and is expecting to add 1.45 million for a total subscriber base of 27 million. 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