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SiriusXM loses copyright infringement lawsuit

 

'60s band The Turtles allegedly did not receive payment from SiriusXM from "digital performance royalties." Courtesy Photo
’60s band The Turtles allegedly did not receive payment from SiriusXM from “digital performance royalties.” Courtesy Photo

Satellite-radio company SiriusXM has lost a copyright infringement lawsuit in which the founders of ’60s pop-rock band the Turtles allege nonpayment of digital performance royalties on their hit songs, according to court papers obtained Tuesday.

Howard Kaylan and Mark Volman, known as Flo & Eddie of the Turtles, won a summary judgment Monday in the case before U.S. District Judge Philip Gutierrez, who said a trial to assess damages would be scheduled next month.

At issue are digital broadcast rights and royalties on the Turtles’ pre-1972 hits “Happy Together,” “It Ain’t Me Babe” and “She’d Rather Be With Me.”

Under current copyright law, songs recorded prior to 1972 do not require a performance royalty to be paid to the artist and musicians when broadcast on a digital service.

The plaintiffs are seeking $100 million in damages.

Kaylan and Volman, owners of Flo & Eddie Inc., have filed similar lawsuits in New York and Florida, seeking compensation from satellite radio providers.

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