New York Court To Hear Flo & Eddie's Sirius Suit Over Pre-1972 Performance Right in State Law

The New York Court of Appeals said it will consider Flo & Eddie's lawsuit against Sirius XM on the issue of whether New York law recognizes a public performance right for pre-1972 sound recordings and the scope of the state's law. The 2nd U.S. Circuit Court of Appeals asked the New York court in April to review the Flo & Eddie lawsuit, pausing its own review of the case because the status of pre-1972 sound recordings under New York law constitutes a “significant and unresolved issue” of state law that “is determinative” in the 2nd Circuit's eventual decision on Sirius XM's appeal of the case (see 1604130063). The New York Court of Appeals said Tuesday it will consider the state law issue “after briefing and argument,” but didn't set a schedule for considering the case in a brief memo.