Sirius Copyright Ruling Is Setback For Recording Artists

Law360, New York (February 10, 2017, 11:34 AM EST) -- Ian Ballon

Justin MacLean On Dec. 20, 2016, the New York Court of Appeals issued its decision in Flo & Eddie Inc. v. Sirius XM Radio Inc.,[1] holding, by a 4-2 vote, that New York law does not recognize a public performance right in sound recordings fixed before Feb. 15, 1972. Flo & Eddie dealt a setback to recording artists and record companies seeking royalty payments from digital music services that perform their sound recordings over the internet. However, the full impact of the court’s decision remains to be seen.

The Legal Framework for Pre-1972 Recordings

Copyright in original works of...

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