Remember our April 4, 2019 “CALLING ALL OLDIES STATIONS!” post that alerted you to a simple form you could file to receive certain protections from potentially crippling infringement awards for unauthorized uses of sound recordings fixed before February 15, 1972 (aka “pre-72 recordings”)? That post created quite a stir. In fact, we were flooded with … Continue Reading
Florida Finds No Public Performance Right in Pre-1972 Sound Recordings If you have been following the ongoing saga regarding the attempts of pre-1972 (aka “oldies”) sound recording owners to collect royalties when those recordings are performed, you will know that some recent key court rulings have been issued near major holidays. For example, New … Continue Reading
(Court also compares Internet Radio to Terrestrial Under State Law) A Georgia Supreme Court decision on a narrow issue relating to the use of pre-1972 sound recordings creates an interesting new topic for discussion in this area, even as the holding in this case is itself necessarily limited to Georgia. The case is iHeartMedia v.Sheridan, … Continue Reading
We previously told you about the Christmas gift that New York’s highest state court had given to licensees that play “oldies” recordings by finding that the owners of those recordings had no right to demand payment when the recordings were publicly performed in New York. That ruling came in one of many lawsuits that Flo … Continue Reading
In what comes as an early Christmas gift for those who play “oldies” music – think Sirius XM Radio, radio broadcasters, and webcasters – and coal in the stockings of the owners of those recordings, New York’s highest state court ruled today that New York does not recognize a public performance right in sound recordings. … Continue Reading
Answer: Unclear, but it could be more often that you might think. In the ongoing litigation over whether recording artists are entitled to performance right royalties for the public performance of pre-February 15, 1972 recordings, we have a new wrinkle. A federal judge in the U.S. District Court for the Central District of California has … Continue Reading
Expanding “Flo and Eddie” theory beyond Sirius XM and Pandora, suits seek state-created performance rights royalties from broadcasters. For the last year or so I’ve reported on efforts being made by some recording artists and record labels to assert performance right interests in recordings made prior to February, 1972. (Why February, 1972? Take a minute … Continue Reading
Unlike California and New York, the Florida sun doesn’t shine on Flo & Eddie’s claim of performance rights for pre-1972 sound recordings. It probably seemed like a good idea at the time. Flo & Eddie were suing Sirius XM in California and New York, so why not do the same in Florida? What could possibly … Continue Reading
Settlement wraps up record labels’ lawsuit re pre-1972 performance rights They’re rejoicing in the Home for Old Musicians (not to mention the Home for Companies That Own Old Musicians’ Performance Copyrights). Sirius XM and several major record labels have settled one of the “Pre-1972” lawsuits that we’ve written about in the past. The result: Sirius … Continue Reading
The decision of a federal judge in New York may pave the way for judges in other states to hop on the bandwagon being driven by Flo and Eddie in support of public performance rights for pre-1972 sound recordings.… Continue Reading
Flo and Eddie, two veteran members of the Turtles, recently walked all over SiriusXM, relying on state law to support their argument that, by playing Turtles tunes, the satcaster infringed their exclusive public performance rights.… Continue Reading
