SoundExchange, Artists Celebrate Pre-1972 Copyright Fee Court Decision

Artists Applaud Decision

YESTERDAY (NET NEWS 9/23), ALL ACCESS reported U.S. District Judge PHILIP GUTIERREZ ruled that SIRIUSXM RADIO must pay copyright fees for pre-1972 recordings. The ruling granted summary judgment in the case brought by THE TURTLES -- MARK VOLMAN and HOWARD KAYLAN, suing as FLO AND EDDIE INC. -- alleging that the satellite service's playing of their pre-1972 music violated CALIFORNIA state laws.

TODAY, both SOUNDEXCHANGE and various artists are celebrating the decision. Earlier this year, SOUNDEXCHANGE joined with a coalition of artists in launching Project72, a campaign to ensure fair compensation for those who recorded music before 1972 and in support of H.R. 4772, the RESPECT Act.

"This decision in CALIFORNIA confirms what we have always known: all sound recordings have value, and all artists deserve to be paid fairly for the use of their music. It does not -- and should not -- matter whether those recordings are protected by state or federal law," said SOUNDEXCHANGE Pres./CEO MICHAEL HUPPE. "While we are thrilled with THE TURTLES' legal victory, it's unfortunate that artists and labels were forced to pursue litigation just to receive fair payment for their art. Legacy artists like THE TURTLES built the foundation of music today -- music that helps SIRIUSXM make billions of dollars a year -- and it is outrageous that some digital radio services believe they can use the music of legacy artists for free.

"It is good that a federal judge made clear that online and mobile music services that have pre-1972 recordings on their playlists should pay the artists who created these recordings. This decision puts in high relief how arbitrary the idea of 1972 is as a dividing line. If ARETHA FRANKLIN is driving listeners to a digital music service, she should share in the revenue that is generated," said T BONE BURNETT.

"Today, we are one step closer to pre-1972 music creators receiving fair pay. The ruling against SIRIUSXM for playing, but not paying FLO & EDDIE (a.k.a. THE TURTLES), is a victory in music licensing history," said RICHIE FURAY of BUFFALO SPRINGFIELD.

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