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Turtles Lose Pre-1972 Fight in Florida

frankberry

frankberry

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Inactive User
On Thursday, the Florida Supreme Court agreed with the Eleventh Circuit Court of Appeals and ruled that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. The long-running legal battle involves the two Turtles founders now known as Flo & Eddie.

The 35 page ruling (READ IT HERE) states that "Flo & Eddie essentially asks this Court to recognize an unworkable common law right in pre-1972 sound recordings that is broader than any right ever previously recognized in any sound recording. Doing so would require this Court to, among other things, ignore the lengthy and well-documented history of this topic — something we decline to do." The case is being returned to the Eleventh Circuit Court of Appeals.







More soon at www.radioink.com.
 
Flo & Eddie Royalty Case Flushed By Florida Court

floandeddie-150x120.jpg
The Supreme Court for the State of Florida has unanimously sided with a decision rendered by the state's Eleventh Circuit Court of Appeals, affirming that common law in the Sunshine State does not recognize an exclusive right of public performance in pre-1972 sound recordings. Translation: Mark Volman and Howard Kaylan, otherwise known as "Flo & Eddie," co-founders of 1960s pop act Turtles, have lost their copyright battle waged in Tallahassee.

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CTListener said:
At the time, did you think it would have been worth the gamble for SiriusXM to lawyer up and go to the mat with the Turtles?
Click to expand...

I think if you search through my posts you'll find one or two that criticized them at the time. I also lauded the CBS lawyers for pointing out the obvious, which is that no one, including Sirius, is using the original masters. The songs were all re-mastered for CD in the 90s, and those new masters have a new copyright date (circle C) on them.
 
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