Turtles’ case against Sirius XM reaches New York’s appeals court

November 2016

Recorded music, broadcasting


New York’s highest court has now heard oral arguments in the case brought by the owner of The Turtles’ 1967 hit song “Happy Together” against Sirius XM Radio. The issue at the heart of the case is  whether the copyright holders of recordings made before 1972 have a common law right to make radio stations and others pay for their use.
The lawsuit was filed by Flo & Eddie Inc., the company controlled by two founding members of the band that owns the rights to the recordings. Sirius XM argues it’s not required to pay royalties for recordings made before the federal Copyright Act was changed in 1972 to establish limited protections for recordings.
The case was referred to the Court of Appeals from the federal appeals court.


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