California Judge Grants Flo & Eddie Summary Judgment in SiriusXM Pre-1972 Music Case.
From RadioInfo.COM
Legal experts and music industry watchers are busy speculating about the potentially far-reaching effects of U.S. District Judge Philip Gutierrez’s Monday ruling that grants summary judgment to Howard Kalyan and Mark Volman’s Flo & Eddie Inc. in its case charging SiriusXM with violatingthe public performance rules regarding their copyrighted music. Judge Gutierrez did not grant summary judgment on the matter of whether SiriusXM violated the reproduction rights of the copyright holders. Not only does the decision have potential dramatic financial implications for digital pure plays like Pandora, it shines a light on the complex and fragmented financial structure of the music industry, especially as it relates to broadcasting, in a time when the music industry is seeingdramatic dips in recording sales and broadcasters are complaining about already-too-high royalty rates. The case, in summary, goes like this: Flo & Eddie Inc, owner of the electronic performance copyright to music recorded by The Turtles in the late 1960s, argue that the pre-1972 exemption to U.S. copyright law for music recordings does not override state laws on such matters and therefore, in California, SiriusXM is in violation of public performance laws that govern copyrighted material. That Judge Gutierrez granted summary judgment is a shocker to the industry because, if the matter clears the appeal hurdle (we’re expecting SiriusXM to appeal the decision), this ruling will affect other non-AM/FM broadcasters – like the aforementioned digital pure plays – who do not have permission from copyright holders of pre-1972 recordings. And California is just one state. Cases are pending against SiriusXM in other states and Pandora is being challenged in New York by several record labels. Read the ruling here.
From RadioInfo.COM
Legal experts and music industry watchers are busy speculating about the potentially far-reaching effects of U.S. District Judge Philip Gutierrez’s Monday ruling that grants summary judgment to Howard Kalyan and Mark Volman’s Flo & Eddie Inc. in its case charging SiriusXM with violatingthe public performance rules regarding their copyrighted music. Judge Gutierrez did not grant summary judgment on the matter of whether SiriusXM violated the reproduction rights of the copyright holders. Not only does the decision have potential dramatic financial implications for digital pure plays like Pandora, it shines a light on the complex and fragmented financial structure of the music industry, especially as it relates to broadcasting, in a time when the music industry is seeingdramatic dips in recording sales and broadcasters are complaining about already-too-high royalty rates. The case, in summary, goes like this: Flo & Eddie Inc, owner of the electronic performance copyright to music recorded by The Turtles in the late 1960s, argue that the pre-1972 exemption to U.S. copyright law for music recordings does not override state laws on such matters and therefore, in California, SiriusXM is in violation of public performance laws that govern copyrighted material. That Judge Gutierrez granted summary judgment is a shocker to the industry because, if the matter clears the appeal hurdle (we’re expecting SiriusXM to appeal the decision), this ruling will affect other non-AM/FM broadcasters – like the aforementioned digital pure plays – who do not have permission from copyright holders of pre-1972 recordings. And California is just one state. Cases are pending against SiriusXM in other states and Pandora is being challenged in New York by several record labels. Read the ruling here.
