Legal Opinion

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

Court of Appeals for the Second Circuit

Decided April 13, 2016No. 15-1164PublishedCited by 6 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

This case presents a significant and unresolved issue of New York copyright law: 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 this question is important, its answer is unclear, and its resolution controls the present appeal, we reserve decision and certify this question to the New York Court of Appeals.

BACKGROUND

Plaintiff-Appellee Flo & ' Eddie, Inc. (“Appellee”) is a California corporation that asserts that it' owns the recordings'of “The Turtles,” a…

2Cases cited19 opinions

  1. Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
  2. Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLCCourt of Appeals for the Second Circuit · 2012
  3. Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986
  4. SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
  5. Selevan v. New York Thruway AuthorityCourt of Appeals for the Second Circuit · 2009

14 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Flo & Eddie, Inc. v. Pandora Media, Inc.Court of Appeals for the Ninth Circuit · 2017
  2. Flo & Eddie, Inc. v. Sirius SM Radio, Inc.Court of Appeals for the Eleventh Circuit · 2016
  3. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.Court of Appeals for the Second Circuit · 2017
  4. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.New York Court of Appeals · 2016
  5. Crescenzi v. City of New YorkCourt of Appeals for the Second Circuit · 2019

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API