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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.
California has a specific provision addressing pre-1972 recordings; the New York judge relied on previous cases that had addressed common law copyrights. Florida Statute '540.11, which prohibits unauthorized copying of sound recordings, contains an exemption for broadcasters.
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