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Sirius XM's Losses In Suits on Pre-'72 Sound Recordings

By Lisa Shuchman
November 30, 2014

For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights held by the two founding members of the 1960s rock band The Turtles. Flo & Eddie Inc. v. Sirius XM Radio Inc., 13-5784 (S.D.N.Y. 2014.)

The members of the band, which sang hits like “Happy Together,” sued Sirius through their company Flo & Eddie last year, alleging that Sirius had infringed on the group's rights under state law by playing its recordings without permission.

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