SiriusXM and The Turtles may have settled their dispute on the eve of a California federal trial, but it seems a new fight has emerged over attorneys’ fees because of a disagreement over the interpretation of their deal. More
Quincy Jones’ breach of contract claims involving posthumous Michael Jackson releases will proceed to trial next month, after a judge on Wednesday denied a motion for summary judgment. More
The real-life show choir that inspired Fox’s hit series Glee was handed a big win in court on Thursday, but the suit that accuses them of stealing songs isn’t quite dead.
Tresona Multimedia in July sued Burbank High School Vocal Music Association, its board members and its director Brett Carroll for copyright infringement, claiming the show choir was using music without properly licensing it or paying for it. At issue were performances of “Magic,” “(I’ve Had) The Time of My Life,” “Hotel California” and “Don’t Phunk With My Heart.”
In a motion for summary judgment, Carroll argued that he is protected by qualified immunity as a public employee and all of the actions at issue were taken in his capacity as a high school music teacher. He also argued that Tresona lacks standing with regard to three of the songs at issue and the claim regarding the fourth, “Magic,” is barred by the statute of limitations.
U.S. District Court Judge Stephen Wilson sided with Carroll on two of the three arguments.
Before addressing whether Carroll has qualified immunity, Wilson examined whether the protection applies to copyright cases.
“There is no binding authority which applies the doctrine of qualified immunity to copyright law,” writes Wilson, noting that while courts have applied it there hasn’t been actual analysis of whether they should.
“This Court agrees that subjecting public officials to an extra lawyer of uncertainty — whether a federal court will find that their role in…
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…