PK Backs SiriusXM in Appeal of Flo & Eddie Performance Royalties Case, Noting Lack of Current Law

Public Knowledge urged the 2nd U.S. Circuit Court of Appeals Wednesday to rule in favor of SiriusXM in its appeal of earlier U.S. District Court rulings in New York that the company owed performance royalties to Flo & Eddie, who own the copyright to The Turtles' “Happy Together” and the rest of that band's music library, and other artists for the performance of The Turtles' pre-1972 sound recordings and other pre-1972 recordings. Public Knowledge disputed in an amicus brief that New York state has a public performance right for pre-1972 sound recordings, saying that it's up to state and federal legislatures to create such a right via legislation. “Not only is the precedent for such a right lacking, but the creation of a public performance right would also necessarily conflict with the detailed regulatory structure of the federal rights for sound recordings,” Public Knowledge said. “Contrary to the district court's assertions, such conflicts cannot be dealt with judicially; doing so would require legislation from the bench.” It's “unfortunate, but sound recordings made before 1972 lack federal protection,” Public Knowledge Vice President-Legal Affairs Sherwin Siy said in a news release. “Not only do states not have a history of preventing public performances of sound recordings; the federal laws don't either.”