Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Sirius XM Fends Off Turtles' Recordings Suit in Florida

After several defeats, Sirius XM Radio won an important ruling in its ongoing legal battle with the '60s rock band The Turtles. On June 22, a Florida federal judge ruled that Flo & Eddie Inc., a company formed by The Turtles' founders, couldn't ban the radio company from playing the artists' music without their permission. Flo & Eddie Inc. v. Sirius XM Radio Inc., 13-23182.

Flo & Eddie Inc., founded by Turtles band members Howard Kaylan and Mark Volman, filed a purported class action in Florida against Sirius in September 2013. Flo & Eddie also filed two identical suits in New York and California. Though federal copyright law doesn't cover performance rights to sound recordings made before 1972, when The Turtles' recordings were made, Flo & Eddie convinced federal judges in California and New York that they have a protectable right of public performance in them. Last month, the California judge certified a class of owners of recordings made before 1972. (District Judge Philip Gutierrez authorized a class that includes all artists that own pre-1972 sound recordings that Sirius XM has aired without authorization on or after Aug. 21, 2009.) Flo & Eddie Inc. v. Sirius XM Radio Inc., 13-5693 (C.D.Calif.). Meanwhile, in late June, Sirius XM settled a pre-1972 recordings suit brought against it by the major record labels. The $210 million settlement also includes the right for Sirius XM to license the recordings through 2022 at to be determined licensing rates.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.