Landmark Judgment In Radio Play

The decision is seen as having a massive effect on the interpretation of copyright laws. Flo & Eddie filed the lawsuit last year after the satellite radio company played their pre-1972 music like “Happy Together” and “It Ain’t Me Babe” without seeking authorization or paying royalties.

SiriusXM argued that a judgment in the plaintiff’s favor could “radically overturn” decades of settled practice.

Indeed, the Hollywood Reporter said the ruling has “consequences that are almost impossible to understate.” The founders of The Turtles say SiriusXM ignored California copyright law by playing the band’s music without permission.

The decision supersedes federal copyright law, which is nebulous toward music before 1972, and SiriusXM faces lawsuits from Flo & Eddie in other states that have laws similar to California’s. Flo & Eddie seek $100 million in damages, and the ruling will likely be appealed to determine the actual amount.

But in the short term, the lawsuit could have an immediate impact on clubs or radio stations that play pre-1972 music. The decision also opens the window for legacy artists to sue digital services like Pandora.