"SiriusXM continues to make a comeback on a legal topic that at one point seriously threatened the satcaster and others. On Thursday, the Florida Supreme Court came to the conclusion that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. The decision gives SiriusXM some relief from litigation brought by Flo & Eddie of The Turtles.

The controversy over older sound recordings exists in part because when Congress chose to bring sound recordings within the purview of the Copyright Act, it chose not to preempt state protections for pre-1972 recordings. In other words, the owners of sound recordings could potentially use state misappropriation laws to sue whenever their works were broadcast. For decades, no legal action was taken against radio operators, bars, restaurants, sports stadiums and others, but then, in late 2013, Flo & Eddie brought a series of putative class actions<> against SiriusXM in California, Florida and New York.

Flo & Eddie subsequently tasted success<> in California and New York. The major labels sued SiriusXM, too. "


From: Leggett, Stephen C
Sent: Thursday, July 20, 2017 8:35 AM
To: [log in to unmask]; [log in to unmask]
Subject: Pre-1972 sound recordings

The Pre-1972 beat goes on.....