SiriusXM will pay Flo & Eddie, and the other pre-1972 song rights owners in their class, at least $25 million as part of a settlement reached earlier this month on the eve of a California federal trial.
Pre-1972 sound recordings aren’t protected by federal copyright. So two members of oldies band The Turtles, Mark Volman and Howard Kaylan (Flo & Eddie), sued to be compensated for hits played on stations like SiriusXM Radio’s ’60s on 6.
The duo won summary judgment in 2014 when the court found Sirius’ use of their music violates public performance rights.
That $25 million is just the baseline, according to a motion for preliminary approval of the settlement filed Monday. Just how much that needle moves depends on what happens in the East Coast companion cases — and if Sirius appeals the court’s finding of liability in this case.
“In exchange for a contingent payment of an additional $5 million to the Settlement Class and a 2% increase in the royalty rate otherwise owed, the Settlement provides that Sirius XM preserves its right to appeal the Court’s final judgment of liability on the performance right issue and Commerce Clause issue in this Action, but Sirius XM has also agreed that it will not appeal…