Copyright Board Should Hear Pre-72 Sirius Case, Judge Rules

Law360, New York (August 26, 2014, 3:26 PM EDT) -- A Washington, D.C., federal judge ruled Tuesday that licensing group SoundExchange Inc. must handle its licensing dispute with Sirius XM Radio Inc. over pre-1972 recordings in front of the Copyright Royalty Board, not a federal court.

U.S. District Judge Richard J. Leon sided with Sirius in ruling that the suit — over whether the satcaster improperly excluded revenue it made from airing pre-1972 recordings when calculating how much to pay SoundExchange for blanket licenses — should be handled by CRB under the so-called primary jurisdiction doctrine.

Sirius said it excluded the revenue because song recordings created before 1972 aren't covered by...

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