Flo & Eddie File To Stop Pre-72 Hits Settlement

Attorneys for The Turtles, who won key rulings against SiriusXM Radio in the battle over pre-1972 records,  filed a scathing response Wednesday to the satcaster's $210 million settlement with the major record labels, urging the court to halt what they called a “brazen attempt” to exclude them from their own victory.

The filing throws an obstacle in front of a deal last month that appeared to be a major step toward resolving a nationwide fight over what should be paid for use of pre-1972 hits, according to The Hollywood Reporter.

On Wednesday, attorneys for Flo & Eddie of The Turtles came forward in California federal court to demand an injunction that would stop the satellite radio giant from paying the money to ABKCO Music & Records, Capitol Records, Sony Music Entertainment, UMG Recordings and Warner Music Group. Instead, a judge is being asked to issue an order that the money be paid into an interest-bearing account under the court's control and direction.

Flo & Eddie, represented by Henry Gradstein, object to being explicitly excluded from a mediation that included SiriusXM's attorneys, representatives from the major labels and the RIAA.  Gradstein teold the judge it's a direct violation of California's rules of professional conduct. He adds that the participants in the secret mediation came to a settlement that not only included pre-72 recordings that the major labels own, but also settled claims over recordings that the labels "control or otherwise have the right to contract with."