Judge Rules For SiriusXM In Turtles' Florida Pre-1972 Royalties Case
June 23, 2015 at 3:54 AM (PT)
SIRIUSXM has won one round in its legal battles over pre-1972 royalties with THE TURTLES (MARK VOLMAN and HOWARD KAYLAN), with a FLORIDA court ruling in favor of the satellite carrier.
U.S. District Judge DARRIN GAYLES noted that FLORIDA law has no specific rules or case law on sound recording property rights as do CALIFORNIA and NEW YORK, courts in which have ruled in favor of granting pre-1972 royalties to artists.
GAYLES wrote that a ruling in favor of THE TURTLES would grant a new property right in FLORIDA, explaining, "If this Court was to recognize and create this broad right in FLORIDA, the music industry -- including performers, copyright owners, and broadcasters -- would be faced with many unanswered questions and difficult regulatory issues including: (1) who sets and administers the licensing rates; (2) who owns a sound recording when the owner or artist is dead or the record company is out of business; and (3) what, if any, are the exceptions to the public performance right. The FLORIDA legislature is in the best position to address these issues, not the Court."