SiriusXM Will Appeal Turtles Copyright Ruling, Says CFO

SiriusXM Appealing Decision

SIRIUSXM RADIO will appeal the ruling that made the company liable for copyright fees for pre-1972 recordings, CFO DAVID FREAR told the DEUTSCHE BANK Leveraged Finance Conference on WEDNESDAY (10/1).  FREAR said that the company "intend(s) to appeal (the) decision all the way through the appeal process" and added that the ruling means that every radio station, "bar, restaurant, stadium, Internet webcast or satellite guy" who have played the songs "has been operating in violation of CALIFORNIA law since 1982," and that the company will be "happy" to pay the fees if competitors have to pay as well, adding that the laws need to change but "it shouldn't be coming from the bench, it should be coming from the legislature."

A CALIFORNIA federal court judge granted summary judgment last week (NET NEWS 9/23) against the satellite company in the suit by MARK VOLMAN and HOWARD KAYLAN, better known as THE TURTLES and FLO AND EDDIE, ruling that CALIFORNIA state law granted artists ownership of copyright in pre-1972 recordings not covered by federal law, and that SIRIUSXM had "performed" the songs in violation of that copyright by airing them without permission.

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