Sirius XM Radio Inc. has asked a Florida
federal court to trim a $100 million putative class action over allegedly
illegally circulated pre-1972 recordings, saying that Florida law does not provide recording
owners with public performance rights.
According to Law360, the satellite radio provider says plaintiff Flo & Eddie
Inc., a company owned by Mark Volman and Howard Kaylan, two founding members of
the rock band The Turtles, is asking the court to “radically transform” the
scope of copyright protection for sound recordings under Florida state law.
Federal law does not protect the older songs but some states
do extend ownership of the copyrights for those compositions, prompting the suits in Florida
plus Caluifornia and New York .
A similar motion to dismiss has been filed in New York .
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