New York Court Reverses Flo & Eddie Case


The U.S. Second Circuit Court of Appeals has reversed the Federal District Court for the Southern District of New York and ruled that there is no common law right to performance fees in sound recordings created prior to 1972, and that there were no alternative grounds for finding Sirius XM liable.

New York State Broadcasters Association President David Donovan applauded the decision. “This is an important decision for local radio stations in New York. We are grateful to the courts for accepting the arguments contained in our amicus briefs. This definitive ruling should put an end to the legal proceedings in New York.”

The decision ends Flo and Eddie’s attempt to obtain performance fees under New York law. The U.S. Court of Appeals accepted a previous analysis by the New York State Court of Appeals holding that New York law did not recognize such a right and found that decision determinative of the copying and unfair competition claims. The court ordered the District Court to grant Sirius XM’s motion for summary judgment and ordered the case to be dismissed with prejudice.

Read the court’s ruling HERE.

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