Posts Tagged: "sirius xm"

Ninth Circuit Reverses Win for the Turtles’ Rights Owners Under California Law on Copyright for Public Performance

The U.S. Court of Appeals for the Ninth Circuit on Monday ruled that California common law on copyright protection does not include a right of public performance, reversing a partial summary judgment for Flo & Eddie, which controls the rights to the songs of the rock band the Turtles. The case began in 2013, when Flo & Eddie sued Sirius XM Radio, Inc. for playing the Turtles’ iconic pre-1972 recordings, such as “Happy Together” and “Elenore.” While AM/FM radio stations do not pay public performance royalties to sound recording owners, digital and satellite radio providers like Sirius XM must pay public performance royalties whenever they broadcast post-1972 music.

Musically Inclined: The Music Modernization Act of 2018

When Congress permitted sound recordings to be copyrighted over four decades ago, it didn’t extend that coverage to pre-1972 recordings. This issue, and the piecemeal nature of licensing for digital music on a per-work, per song basis, were part of the impetus for the stakeholders in the music industry to work together to create the Music Modernization Act, signed into law on October 11, 2018… Not all issues in the music industry were solved by the Music Modernization Act: licensing of physical sound recordings (vinyl and CDs) will still occur on a per-work, per song basis. Terrestrial radio pays songwriters and publishers royalties for playing music, but it doesn’t pay performance or sound-recording royalties. And while the goal of one public database is laudable, the responsibility still lies with songwriters and publishers to submit copyright applications and to submit all of their musical works and sound recordings to the MLC… While there is still work to be done, the Music Modernization Act does solve some long-standing issues in the music industry.

Sirius XM Holdings is latest patent target for Global Interactive Media

Global Interactive Media is attempting to enforce its rights on a patent which has expired. The ‘907 patent originally issued in October 2011, lapsed effective last October because of a failure to pay maintenance fees. Despite the expiration of the patent, Global is able to bring suit because of the six year statute of limitations on patent infringement actions. Because the patent was issued on October 4th, 2011, Global must use that as a starting date for any damage reward for patent infringement and doesn’t benefit from the full six year statute. As well, because the patent expired on October 4th, 2015, Global cannot seek damages for infringement occurring after that date.