Court Rules Against The Turtles In Challenge To SiriusXM-Major Label Pre-'72 Settlement
July 24, 2015 at 3:40 AM (PT)
The challenge by THE TURTLES -- MARK VOLMAN and HOWARD KAYLAN, a.k.a. FLO & EDDIE -- to the settlement between the record industry and SIRIUSXM in the labels' suit for the satellite radio company's use of recordings created before 1972 has been rejected in a CALIFORNIA court.
Judge PHILIP GUTIERREZ cited the timing of the TURTLES' motion to stop the settlement as one reason not to lift the stay on their own case against SIRIUSXM, saying that the motion was not filed until the band learned of the size of the settlement.
In the settlement, SIRIUSXM will pay $210 million to plaintiffs ABKCO MUSIC & RECORDS, CAPITOL RECORDS, SONY MUSIC ENTERTAINMENT, UNIVERSAL MUSIC GROUP and WARNER MUSIC GROUP for its use of recordings from before 1972.
The TURTLES' attorney HENRY GRADSTEIN has alleged that the settlement followed violations of a discovery agreement between his firm and attorneys for the labels, and that he had been frozen out of discussions about the settlement; he contended that the settlement is coming out of what should be treated as a common fund and should be protected, but the judge, who previously ruled in favor of THE TURTLES in the initial claim against SIRIUSXM, said that distribution to the labels would not cause irreparable harm.