Judge Once Again Rules In Favor Of Flo & Eddie Against SiriusXM
January 16, 2015 at 3:50 AM (PT)
A federal judge in NEW YORK has, "largely rejected SIRIUS XM HOLDINGS INC's request to reconsider her NOV. 14th decision in favor of members of the 1960s band THE TURTLES over the payment of royalties for songs made before 1972," reports REUTERS. "U.S. District Judge COLLEEN MCMAHON rejected SIRIUS' arguments that FLO & EDDIE INC, controlled by founding band members HOWARD KAYLAN and MARK VOLMAN, did not own copyrights in THE TURTLES' recordings such as 'Happy Together,' or gave it an 'implied' license to play TURTLES songs."
Back in OCTOBER (NET NEWS 10/3), fresh off their victory in their lawsuit against SIRIUSXM RADIO, VOLMAN and KAYLAN filed a class action lawsuit against PANDORA, alleging the same violation of state copyright protection for pre-1972 recordings. The suit was filed in CALIFORNIA, where U.S. District Judge PHILIP GUTIERREZ granted summary judgment for the plaintiffs in the SIRIUSXM case.
One thing went SIRIUSXM's way, as MCMAHON ruled that FLO & EDDIE could only recover damages for copyright infringement for the three years before it sued on AUG. 16th, 2013 -- not six years as she had previously suggested.
REUTERS notes, "a lawyer for FLO & EDDIE said the plaintiff plans by an APRIL 3rd deadline to formally seek class action certification on behalf of itself and other artists, rather than accept MCMAHON's alternative of an immediate ruling on liability in its favor."