Can Old Lawsuit Help SiriusXM in New Lawsuit?

12-8 turtlesAs many readers know, SiriusXM has faced some legal setbacks recently with regard to pre-1972 music recordings.  The Turtles, authors of “Happy Together”, have sued the satellite radio provider in several states over royalties.  The current laws for royalties cover songs after 1972, leaving a loop hole of sorts in what happens with pre-1972 recordings.  The Turtles have had a small string of legal victories against SiriusXM, which have bolstered their case, and couold have implications on other services such as Pandora.

GigaOM’s Jeff John Roberts reports that SiriusXM may have an ace up its sleeve in the form of a decades old legal case involving the same issue.  His article is well wroth reading.  According to Roberts, SiriusXM is pinning  hopes on a case from 1940.  Apparently SiriusXM is asking a New York judge to use this particular case as a basis to reconsider her ruling last month.

Roberts sourced a legal website, Litigation Daily, which came to the opinion that SiriusXM believes that U.S. District Judge Colleen McMahon overlooked the significance of the legal battle and decision from nearly 75 years ago.  The 1940 ruling concluded that a radio station did not have to pay an orchestra band leader, in addition to the song composer, each time it played a recording of his performance.  Essentially the opinion was that state law should not let performers, once a phonograph was sold, control how and when it was played.

SiriusXM passes on royalty costs to consumers.  The implications might be that listening to satellite radio might get a bit more expensive.  Taking it a step further, if costs are deemed too high for consumers and business suffers, the company may need to re-think how many channels are dedicated pre-1972 content.  There is still a lot of moving parts in play.  Stay Tuned!

gavel-hand

SiriusXM Settles Over Automatic Renewal – Pays $3.8 million

File this in the category of “headache gone”.  SiriusXM has agreed to settle an action by several Attorney General’s to refund about $3.8 million dollars to consumers who’s service was automatically renewed but undesired.  As part of the settlement, Sirius XM has also agreed to make several changes to its business, including improving its cancellation process and… → Read More

gavel.jpg

SiriusXM To Appeal Turtles Lawsuit As Turtles Set Sights On Pandora

Fresh off of a legal victory in a lawsuit against SiriusXM, the Turtles are setting their sights on Pandora with the exact same claim.  Meanwhile SiriusXM has vowed to appeal the lawsuit.  SiriusXM’s CFO David Frear stated at an investor conference that the company would appeal, but the argument is not that artists should not… → Read More

gavel-hand

Court Decision Stings SiriusXM

A Federal judge has ruled in favor of the Turtles in a lawsuit about royalties that may mean that the Turtles and Sirius XM are not “Happy Together”.  In addition, the ruling may pave the way for royalty payments to many other artists who’s songs predate 1972.  The copyright laws in the United States deal… → Read More

new-gavel

SiriiusXM Gets Initial Ruling On Royalty Suit

SiriusXM received a bit of positive news recently when a Judge hearing the lawsuit vs. SoundExchange ruled that the royalty matter relating to pre-1972 music should be determined by the CRB royalty board instead of in Federal Court.   U.S. District Judge Richard J. Leon , in his ruling this past Tuesday stated that the issue… → Read More

gavel-hand

SiriusXM In Hot Water Over Mailing Envelopes

SiriusXM has had its share of spats with consumer advocate groups regarding marketing practices over the years.  There have also been a handful of lawsuits centered around people receiving unwanted communications from the satellite radio provider, and suits complaing that SiriusXM is obtaining personal information about car buyers.  This latest lawsuit takes the cake though… → Read More

fruit salad

SiriusXM Answers Back In Howard Stern Intern Lawsuit

SiriusXM has wasted very little time in firing back on a potential class action lawsuit involving a former intern for the Howard Stern Show.  The suit alleges that SiriusXM failed to pay a non-paid intern and according to the plaintiff, Melissa Tierney was born from an alleged injury suffered when getting Stern his fruit salad…. → Read More

new-gavel

Sound Exchange Sues SiriusXM

It certainly did not take long for Sound Exchange to jump onto the lawsuit bandwagon on the heels of the Turtles lawsuit.  The latest suit centers around royalties for pre-February 1972 music played by the satellite radio provider.   Sound Exchange has no real authority to collect royalties from pre-1972, but their complaint actually centers… → Read More

OLYMPUS DIGITAL CAMERA

Turtles File $100 Million Lawsuit Against SiriusXM

The Turtles are hoping that a lawsuit against SiriusXM could pave the way to new royalty protections.  The band is a lead plaintiff in a $100 million lawsuit against satellite radio provider SiriusXM.  It has been alleged that the company has infringed on millions of old recordings from hundreds if not thousands of artists who’s… → Read More

gavel-hand

DeLuca Case Against SiriusXM Gets Clarity

Last week I notified SiriusBuzz Premium members of some new litigation against the company.  The new cases at the time were a patent case and DeLuca v. SiriusXM.  Since then another patent case has been foiled and we now have more clarity on the DeLuca matter. DeLuca is an employee of SiriusXM and acts as a producer…. → Read More