Sirius XM Radio secures win in disputes of Music Royalties

Digital radio giant, Sirius XM Radio Inc. is successful in scoring another win in a series of disputes involving music royalties with members of the famous rock group named ‘The Turtles’. The 9th U.S. Circuit Court of Appeals was dealing with a matter where it found that California law doesn't require Sirius to pay anything to play pre-1972 music.

This relieved ruling for Sirius comes after facing many losses in every other court over the past eight long years. The court has considered claims made by a class of copyright owners being led by former band members. U.S. Circuit Judge Kenneth Lee heard the matter and wrote for a unanimous three-judge panel saving Sirius from paying an additional $5 million that it would have owed under a settlement if Flo & Eddie Inc. had won.

Attorney Daniel Petrocelli of O'Melveny & Myers was representing Sirius in the matter. He said in an email, “Sirius and I are gratified that this important issue has been finally and correctly resolved." This whole issue was started when Flo & Eddie first sued Sirius in the year 2013 on behalf of all those copyright owners whose music was allegedly played by Sirius without their permission. The matter was moved to Los Angeles federal court and was heard under California law.

Any digital radio provider like Sirius was not required to pay any kind of royalties under federal law for pre-1972 recordings until Congress enacted the Music Modernization Act in the year 2018. Flo & Eddie also brought related claims before as well against Sirius under laws of New York and Florida in courts of those states. However, the parties agreed to settle in 2016 where Sirius agreed to pay the class up to $99 million as royalties depending upon the outcomes of appeals in three ongoing cases.

"No court as of 1872 had recognized the right of public performance under any nascent understanding of the Copyright Law. Instead, the phrase referred to the right to reproduce and sell copies of an unpublished work," Lee said. The case can be reached with the name Flo & Eddie Inc. v. Sirius XM Radio Inc, 9th U.S. Circuit Court of Appeals bearing No. 17-55844.