Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

This case returns to us after our certification of four questions to the Supreme Court of Florida regarding whether and to what extent Florida common law provides a copyright in pre-1972 sound recordings. For background, we refer the reader to our previous opinion in this case, Flo & Eddie, Inc. v. Sirius XM Radio, Inc., 827 F.3d 1016 (11th Cir. 2016). In that opinion, we certified the following questions to the Supreme Court of Florida:

1.Whether Florida recognizes a common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or…