A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius

11 01 2017

By Guest Blogger Tyler Ochoa

On December 20, 2016, the New York Court of Appeals (the highest court in the State of New York) held 4-2 (with one judge recused) that “New York common-law copyright does not recognize a right of public performance for creators of sound recordings.” Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 16-172, at pp. 1-2 (emphasis added). The decision dashed Flo & Eddie’s hopes for a decisive court victory that would likely have required various broadcasters, including Sirius XM, to shell out lots of money to the owners of state-law copyrights in sound recordings fixed before February 15, 1972. The wave of litigation concerning state-law public performance rights in pre-1972 sound recordings is not at an end (Flo & Eddie still have cases pending in California and Florida, and other sound-recording copyright owners have filed suits in other states), but the failure of the litigation in New York likely will influence other states to follow New York’s lead.



The content in this post was found at http://blog.ericgoldman.org/archives/2017/01/a-seismic-ruling-revisited-no-common-law-public-performance-rights-in-pre-1972-sound-recordings-in-new-york-flo-eddie-v-sirius.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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