New York Federal Court Upholds Ruling Against SiriusXM on Pre-1972 Sound Recordings

The U.S. District Court in New York mostly upheld its November ruling (see 1411170043) against SiriusXM on the question of the company's failure to pay performance royalties for pre-1972 sound recordings, said court documents filed Thursday. Judge Colleen McMahon didn’t enter a summary judgment ruling in favor of plaintiffs Flo & Eddie, but said she would provide such a ruling if the two performers proceeded “individually” and not as a “class representative.” Flo & Eddie will seek class-action certification; they have until April 3 to take such action, said Harvey Geller of Gradstein & Marzano, who represents the plaintiffs. McMahon said she agreed with SiriusXM that common law copyright damages could be recovered for only three years prior to a lawsuit, which, in the plaintiff’s case, would date to Aug. 16, 2010. Flo & Eddie had argued that such damages could be recovered up to six years before a suit. SiriusXM didn’t comment.