Flo & Eddie Target Pandora

Flo & Eddie

About a week ago, SiriusXM suffered a crushing courtroom loss to Flo & Eddie of The Turtles, the 1960s band which produced hit songs like "Happy Together," "It Ain't Me Babe" and "She'd Rather Be With Me." Flo & Eddie have been leading the charge against the uncompensated use of their music — and using state-based misappropriation, conversation and unfair competition claims because sound recordings only began falling under federal copyright protection in 1972.

According to The Hollywood Reporter, next up for Flo & Eddie is Pandora, the most popular Internet radio service in the country with more than 200 million registered users. Represented by Harvey Geller and Henry Gradstein at Gradstein & Marzano, the duo filed a proposed class action lawsuit on Thursday.

"Pandora understands that having a vast range and array of music is critical to the success of any music service which is why pre-1972 recordings constitute a significant part of the Music Service," says the lawsuit. "Pandora offers and advertises stations dedicated to pre-1972 recordings, such as '50s Rock n' Roll,' '60s Oldies,' 'Motown,' 'Doo-Wop, '70s Folk,' 'Early Jazz,' 'Standards,' 'Classic Soul,' 'Jam Bands,' and 'Classical Rock.' "

The lawsuit continues by mentioning all the copies being made to populate Pandora's databases in order to stream music to the public.

"Pandora is aware that it does not have any license, right or authority to reproduce, perform, distribute or otherwise exploit via the Music Service any pre-1972 recordings (including The Turtles' Recordings)," alleges the complaint.

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