United States:
Pre-1972 Sound Recordings Could Kill The Radio Stars
22 November 2014
Herrick, Feinstein LLP
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In a posting on the New York State Bar Association's EASL
Blog, Barry Werbin and Sharon O'Shaughnessy discuss two
recent decisions unfavorable to subscription-based satellite and
Internet radio services provider Sirius XM Radio in its fight with
Flo & Eddie, Inc., owner of the copyrights to master recordings
of 1960's rock band The Turtles. Because federal law does
not protect sound recordings created prior to February 15, 1972,
Flo & Eddie has filed three class actions against Sirius in
California, New York, and Florida, asserting state common law
copyright infringement claims (as well as claims for unfair
competition, conversion, and misappropriation) under the laws of
the three respective states. Barry and Sharon's report
examines the potentially disastrous results for Sirius and other
streaming music providers, should Flo & Eddie ultimately
prevail.
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