The Turtles Lose Case Over Rights To Their Oldies In New York Mark Volman and Howard gordon's jewelers Kaylan, best known for their time in The Turtles in which they recorded pandora usa the hit song "Happy Together," have spent the past several years fighting a byzantine battle for the rights to get paid for their music being played by digital broadcasters, filing putative class actions in California, New pandora charms catalogue York and Florida on behalf of artists with similar questions around their own catalogs.
At issue is whether Volman and Kaylan, jointly represented in court under the name Flo Eddie Inc. (which situates them as their own 'label' in the case), are due royalties from broadcasters for playing the music they recorded prior to 1972. In classic music industry fashion, the legalities at issue are kaleidoscopic in their complexity. is only one of a handful of countries worldwide in which owners of sound recordings are not entitled to royalties for traditional radio plays of their work. The others are North Korea, Iran and China.) In response, Flo and Eddie filed their class action suits. The Second District Court of Appeals on Thursday ruled against Flo Eddie's New York based suit. A lower court ruled against them in December, as covered by The Hollywood Reporter, citing the "symbiotic relationship" that artists and labels have had "for decades" with radio stations; that the latter promotes the former's work and that arguing against this relationship so long after the fact is statutorily "illogical." While Flo Eddie tried to appeal that December ruling in favor of SiriusXM, claiming that the company was still at fault for unfair competition, yesterday's ruling found that "symbiotic relationship" also covered SiriusXM. Yesterday's ruling leaves Flo Eddie with only one venue left to appeal for the New York piece of their legal jigsaw puzzle: the Supreme Court, kids pandora bracelets and charms which is unlikely to accept the case because it centers on state law, not federal.
"If something is broadcast, it's broadcast," Alter says. "To be protected potentially in California and not New York is absurd." A request for comment on the ruling from the National Association of Broadcasters, a lobbying group which represents the interests of the radio and television industries was not returned.
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