CommScope Technologies LLC v. Dali Wireless, Inc.
Data Engine Technologies LLC v. Google LLC

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

The panel reversed the district court’s grant of partial summary judgment to Flo & Eddie, Inc. in its action against Sirius XM satellite radio, seeking royalties for pre-1972 songs that were played on Sirius XM without permission or compensation.

The complaint alleged a violation of California common law and statutory copyright law. Flo & Eddie control the rights to the songs of the rock band the Turtles. Relying on California’s copyright statute, Cal. Civil Code § 980, Flo & Eddie argued that California law gave it the “exclusive ownership” of its pre-1972 songs, including the right of public performance, which required compensation whenever their copyrighted recordings were publicly performed.

The panel held that the district court erred in concluding that “exclusive ownership” under Section 980(a)(2) included the right of public performance. Without contrary evidence, the panel presumed that California did not upend the common law in establishing “exclusive ownership” in the statute. The panel remanded for entry of judgment consistent with the terms of the parties’ contingent settlement agreement.

Download Flo & Eddie Inc. v. Sirius XM Radio Inc.

Copyright

Registering your trademarks is one of the best long-term investments you can make in your business. Contact us today for more information.

Visit Gehrke & Associates, SC.

Comments

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)