Story : http://www.reuters.com/article/us-sirius-xm-holdgs-ruling-turtles-idUSKBN15V27U
Sirius XM Holdings Inc on Thursday won the dismissal of a New York copyright lawsuit over the satellite radio company's playing of older songs by the 1960s band The Turtles and other artists, reducing the size of a related settlement between both sides in November.
The 2nd U.S. Circuit Court of Appeals in New York accepted a Dec. 20 ruling by the state's highest court, also called the Court of Appeals, that New York common law does not protect the public performance of songs made before 1972.
Such protection would have allowed artists like The Turtles, best known for "Happy Together," to collect royalties when their songs are played.
The 2nd Circuit rejected an argument by Flo & Eddie Inc, which is run by The Turtles' Howard Kaylan and Mark Volman and controls the band's music rights, that the state court ruling did not resolve Sirius' liability for unauthorized copying and unfair competition, saying the ruling covered both issues.