A federal appeals court on Thursday dismissed a lawsuit filed against Sirius XM Radio to compel the satellite radio provider to pay members of 1960s rock band The Turtles for use of their pre-1972 recordings.
The decision on Thursday by a panel of the U.S. Court of Appeals for the Second Circuit comes as the result of the New York Court of Appeals’ finding late last year that state common law does not recognize a right of public performance for creators of pre-1972 recordings.
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