After a string of defeats, Sirius XM Radio Inc. and its lawyers at O’Melveny & Myers have won an important ruling in its ongoing legal battle with the 60s rock band The Turtles. On Monday a Florida judge ruled that a company formed by the Turtles’ founders can’t ban the radio company from playing their music without its permission.
Flo & Eddie Inc., a company founded by band members Howard Kaylan and Mark Volman, filed a purported class action in Florida against Sirius in September 2013. Flo & Eddie also filed two identical suits in New York and California. Federal copyright law doesn’t cover performance rights to sound recordings made before 1972, when the Turtles’ songs were recorded, but Flo & Eddie have convinced federal judges in California and New York that they have protectable right of public performance to their songs. Last month, the California judge certified a class of owners of recordings made before 1972.
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