(Reuters) – A 1960s stone band on Friday gained a second triumph against Sirius XM Holdings Inc in a closely viewed copyright battle affecting digital media.
U.S. District Judge Colleen McMahon in Manhattan denied Sirius’ demand to dismiss the claim implicating the satellite radio firm of playing pre-1972 tracks from the band the Turtles, most effectively understood for the favorite “Satisfied Together,” without authorization or paying royalties.She claimed that unless Sirius by Dec. 5 raises any sort of precise concerns needing a test, she will rule outright for the plaintiff, Flo & & Eddie Inc, a company controlled by establishing Turtles members Howard Kaylan and also Mark Volman, as well as begin to analyze damages.Sirius as well as its lawyers did not right away reply to demands for comment.Harvey Geller, a legal representative for Flo & & Eddie, claimed his customer is delighted. “From coast to shore, the proprietors of pre-1972 recordings are ultimately acquiring exactly what is owed to them,” he said.Though tracks tape-recorded prior to Feb. 15, 1972, are not covered by federal copyright law, some recording artists and also tags have been looking for copyright protection under individual state laws.Flo & & Eddie sued Sirius in New york city, The golden state and Fla, seeking course action condition and also more than $ONE HUNDRED million of damages for alleged infringements by New York-based Sirius.In September, UNITED STATE Area Judge Philip Gutierrez ruled in the California situation that the band had a right “to possess and also use its audio recordings and also prevent others from utilizing them.” The court in Fla has yet to rule on Sirius’ liability.In the New york city suit, Sirius claimed state legislation really did not cover the band’s claims, as well as that its duplicates of Turtles recordings made up fair use.McMahon, however, called it “typical feeling” that “Flo and also Eddie would suffer market harm when Sirius takes its home and also exploits it, unchanged and for a profit.”She said Congress had actually licensed New York to manage pre-1972 recordings, and that the state has actually long secured public efficiency civil liberties in jobs aside from sound recordings.”Sirius recommends no reason New York – a state commonly safety of entertainers and efficiency civil liberties – would certainly treat audio recordings in different ways,” she wrote.McMahon acknowledged that her choice and also Gutierrez’s can have far-reaching consequences, such as motivating other lawsuits or triggering even more states to transform their copyright laws, however claimed “the more comprehensive plan problems are not for me to think about.”Sirius has said it will appeal Gutierrez’s choice. [ID: nL2N0RW3CF] Flo & & Eddie has also sued Internet radio company Pandora Media Inc.The instance is Flo & & Eddie Inc v. Sirius XM Radio Inc et al, U.S. Area Court, Southern Area of New York, No. 13-05784. (Reporting by Jonathan Stempel in New york city; Modifying by Leslie Adler).