Turtles "Happy Together" With Copyright Win Against SiriusXM

The Central District of California Court ruled that sound recordings published prior to February 15, 1972 include a public performance right that may be infringed if permission is not secured before the sound recording is played on satellite radio.

Flo & Eddie of The Turtles sued SiriusXM in August 2013 for infringement of sound recording copyrights.  SiriusXM pays royalties to Sound Exchange for sound recordings protected by federal copyright law.  Sound recordings published prior to February 15, 1972 are protected by state law and not federal law.  The case moves forward on other pending issues and there's little doubt defendant SiriusXM will appeal the summary judgement ruling against them.

This is a huge ruling for legacy sound recording copyright owners.  While it might only apply to actions in California, as that's the state law that was interpreted, it means we are one step closer to legacy recordings being treated equally in respect to digital performances.

Support The Respect Act to secure federal copyright protection for Pre-72 Recordings.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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