Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue

The Ninth Circuit ruling in Flo & Eddie may turn out to be last stop on the long and winding road the owners of pre-1972 recordings have traveled in their efforts to obtain compensation for public performances through platforms like Sirius.

7 minute read January 01, 2022 at 12:05 AM
By
Robert W. Clarida and Robert J. Bernstein
Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue

In the opening paragraph of Flo & Eddie v. Sirius XM Radio, No. 17-55844, decided Aug. 23, 2021, the Ninth Circuit aptly described the "patchwork quilt of federal and state copyright laws" governing pre-1972 sound recordings as a "ball of confusion," borrowing the title of a classic 1970 Temptations record.

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