Another Big Loss For Sirius

Flo & Eddie of The Turtles filed suit against Sirius last year claiming the service had infringed the group’s copyrights by playing pre-1972 music like “Happy Together” and “It Ain’t Me Babe” without seeking authorization or paying royalties.

Their suit sought $100 million in damages. Judge Colleen McMahon of United States District Court in Manhattan rejected Sirius’ motion for summary judgment Nov. 14, and said The Turtles have performing rights to their recordings under state law, according to court documents obtained by the New York Times.

“In short, general principles of common law copyright dictate that public performance rights in pre-1972 sound recordings do exist,” McMahon wrote.

Sirius has until Dec. 5 to dispute remaining facts in the case, otherwise it will be held liable for infringement, the judge continued. Flo & Eddie won a similar suit in California in September. Since federal law surrounding music before 1972 is unclear, both state cases have been viewed as having a massive effect on the interpretation of copyright laws, as thousands of clubs, radio stations, restaurants and sports arenas could be impacted.