Turtles Say Sirius Can't Go To 9th Circ. Over Pre-1972s

Law360, New York (November 4, 2014, 4:59 PM EST) -- The 1960s rock band that brought a federal class action against Sirius XM Radio Inc. over pre-1972 recordings claimed Monday that the satellite broadcaster is effectively ignoring an adverse state court ruling in a parallel case to bolster its bid for an immediate trip to the Ninth Circuit.

Sirius has been pushing for an interlocutory appeal following a September ruling by U.S. District Judge Philip Gutierrez that said California's state copyright statute covering pre-1972 recordings — which aren't covered by federal copyrights — contained a public performance right, meaning Sirius would have to pay bands like The Turtles to play them...

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