'Stuttering John' Melendez Sues SiriusXM Over Use Of Clips On Howard Stern's Channels Without Consent

Melendez (Photo s_bukley / Shutterstock.com)

"STUTTERING JOHN" MELENDEZ, the former HOWARD STERN SHOW cast member and "THE TONIGHT SHOW WITH JAY LENO" announcer, has filed a lawsuit in U.S. District Court against SIRIUSXM RADIO, alleging that the satellite service's use of clips of his past STERN show appearances on STERN's HOWARD 100 and HOWARD 101 channels violates his statutory and common law right to publicity.

The suit, noting MELENDEZ's 15 years with STERN's show, recounts his years as, initially, an unpaid intern on the show and then a paid performer (at an average $35,000 per year), and notes that SIRIUSXM, which acquired STERN's show in 2006 (two years after MELENDEZ exited to join LENO's show), has continued to air old episodes or segments from pre-SIRIUS STERN shows without his consent and has claimed a license to do so after being hit with a cease and desist letter from MELENDEZ' attorneys. In addition, MELENDEZ says in the suit that SIRIUSXM has threatened to remove his podcast from its PANDORA platform.

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