SiriusXM appears to have brought one dispute over the public performance of pre-1972 sound recordings to conclusion. On Thursday, the 2nd Circuit Court of Appeals told a lower court to grant the satcaster's motion for summary judgment and dismiss with prejudice a putative class action lawsuit brought by Flo & Eddie of The Turtles.
The development occurs after a New York Appeals Court ruled in December that New York's common law doesn't protect the public performance of pre-1972 sound recordings. Meaning that broadcasters in the state probably wouldn't have to pay to air old hits from the likes of Bob Dylan, The Rolling Stones, and others.
Flo & Eddie argued otherwise, alleging in various suits that works authored before Congress began protecting sound recordings under federal copyright law couldn't be misappropriated under state laws. They first got success in California before getting another win in New York.