iHeartMedia, Inc. v. Sheridan

MELTON, Presiding Justice.

In this case regarding the interpretation of Georgia’s Criminal Reproduction and Sale of Recorded Material Statute, OCGA § 16-8-60, the United States District Court for the Middle District of Georgia has certified the following question for our consideration:

Whether the exemption to OCGA § 16-8-60, set forth in § 16-8-60 (c) (1), applies such that internet radio services are exempt from application of § 16-8-60?

For the reasons set forth below, we find that the type of Internet radio services being offered by iHeartMedia, Inc. in this case do fall under the exemption…