SiriusXM could be hit by second copyright defeat
A satellite radio broadcaster that fell foul of US copyright law for playing songs recorded before 1972 could be in further trouble after a US judge weighed in on a second case against it.
SiriusXM is facing claims from Sony, Universal and Warner that it is infringing their copyright by playing public performances of certain songs that were released before 1972.
Under US law, works that predate 1972 fall outside the federal Copyright Act of 1976.
But according to the record labels, which are being led by the Recording Industry Association of America, their works are protected against unauthorised duplication under California’s civil code.
Assessing a complaint filed at the Los Angeles Superior Court, Judge Mary Strobel was asked to interpret that law.
Despite initially appearing to side with the defendant at a pre-trial hearing in July, Strobel said last week she accepted the plaintiff’s motion to instruct the jury that California law protects pre-1972 recordings.
Strobel added that the law “must be interpreted to recognise ... public performance rights in pre-1972 sound recordings”.
Strobel’s decision follows another case earlier this month in which 1960s rock band The Turtles were victorious in their claim against Sirius XM.
"While a federal trial court opinion is not binding on this court, the court finds the logic applied in that order to be persuasive," Strobel wrote.
The Turtles are asking for $100 million in damages based on proposed royalties that they say should have been paid.
In a summary judgment issued on Monday (September 22), Judge Philip Gutierrez ruled in favour of former frontmen Howard Kaylan and Mark Volman, who had sued SiriusXM under their stage names ‘Flo’ and ‘Eddie’.
The Turtles, who were together from 1965 to 1970, had hits including Happy Together and It Ain't Me Babe.
SiriusXM, which describes itself as “the world’s leading radio broadcaster”, provides news, music, sports and entertainment. It has around 24 million subscribers and its content is available via satellite, the internet, and on smartphones and other connected devices.
