Does the Digital Millennium Copyright Act or the Digital Performance Right in Sound Recordings Act apply to pre-1972 sound recordings? The Turtles are betting $100 million that they don't.
Flo & Eddie, Inc., whose principals Mark Volman and Howard Kaylan have been performing together as The Turtles since 1965, brought a putative class action in Los Angeles County Superior Court against Sirius XM Radio Inc., alleging the satellite radio service is misappropriating such classic tunes as "Happy Together" and "It Ain't Me Babe." Flo & Eddie, Inc. v. Sirius XM Radio, Inc., Case No. BC 517032 (Aug. 1, 2013). Flo & Eddie Inc. owns The Turtles' pre-1972 sound recordings and has brought the putative class action on behalf of the "owners of Pre-1972 Recordings reproduced, performed, distributed or otherwise exploited by defendants in California without a license or authorization to do so during the period from Aug. 1, 2009 to the present." Plaintiff is seeking more than $100 million in compensation, plus punitive damages.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
