SiriusXM Faces A Fourth Lawsuit From The Turtles
September 6, 2013 at 6:21 AM (PT)
SIRIUSXM is facing yet another lawsuit filed by the '60s-'70s pop group THE TURTLES, which claims the satcaster played the group’s songs without permission.
Last month (NET NEWS 8/5), ALL ACCESS reported that the suit, filed in LOS ANGELES Superior Court this week on behalf of the band’s founding members, spotlights one of copyright law’s oddities: federal law protects only recordings made since 1972. Recordings made before 1972 are protected under state law, to varying degrees, in a handful of states, according to HENRY GRADSTEIN, THE TURTLES’ lead attorney."
A new suit, filed in FLORIDA, is the fourth brough against the satcaster.
While the CALIFORNIA suit was for $100 million, THE HOLLYWOOD REPORTER notes, "this latest action in a FLORIDA court isn't really for just $100 million. Try three times that amount," and adds, "in its own lawsuit, SOUNDEXCHANGE, the digital performance rights organization that collects royalties on behalf of sound recording copyright owners, stated that 'SIRIUSXM has taken the position that the federal statutory license does not cover pre-1972 sound recordings, and on information and belief, SIRIUSXM is not separately licensing the pre-1972 sound recordings from their owners, even though they are subject to common law copyright or equivalent protection under state law'."