Legal Opinion · Concurrence
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
New York Court of Appeals
Decided December 20, 2016Published
1ConcurrenceFahey, J.
I agree with my colleagues in the majority that the common law of this state does not recognize a right of public performance for the creators of sound recordings fixed prior to February 15, 1972 (see majority op at 605), and that the question whether to recognize such a right is best left to the legislature (see id. at 606). Consequently, I also generally agree with my colleagues in the majority that the pertinent part of the certified question, which asks whether there is “a right of public performance for creators of sound recordings under New York law” (Flo & Eddie, Inc. v Sirius XM…
2Cases cited24 opinions
- District of Columbia v. HellerSupreme Court of the United States · 2008
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- A&M Records, Inc. v. Napster, Inc.Court of Appeals for the Ninth Circuit · 2001
- United States v. CraftSupreme Court of the United States · 2002
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