Legal Opinion
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
New York Court of Appeals
Decided December 20, 2016PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
The Second Circuit Court of Appeals has certified the following question to this Court: “Is there a right of public performance for creators of sound recordings under New York law and, if so, what is the nature and scope of that right?” Because New York common-law copyright does not recognize a right of public performance for creators of sound recordings, we answer the certified question in the negative.
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Procedural History
Plaintiff is a corporation owned by two of the original members of the Turtles, a band formed in 1965 and most famous for its No. 1 hit song…
2Cases cited20 opinions
- Goldstein v. CaliforniaSupreme Court of the United States · 1973
- Dowling v. United StatesSupreme Court of the United States · 1985
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp.Appellate Division of the Supreme Court of the State of New York · 1951
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3Cited by4 opinions
- Expressions Hair Design v. SchneidermanSupreme Court of the United States · 2017
- Sheridan v. iheartMedia, Inc.District Court, N.D. Illinois · 2017
- Flo & Eddie, Inc. v. Pandora Media, Inc.Court of Appeals for the Ninth Circuit · 2017
- Flo & Eddie, Inc., etc. v. Sirius XM Radio, Inc., etc.Supreme Court of Florida · 2017