Ninth Circuit Finds No “Public Performance Rights” For Pre-1972 Sound Recordings

On August 23rd, 2021, the Ninth Circuit reversed a District Court ruling in a dispute between Sirius XM and founders of The Turtles, Howard Kaylan and Mark Volman (“Flo & Eddie”), that has been brewing for years.  In 2013, Flo & Eddie sued Sirius XM for copyright infringement on the grounds that Sirius XM “publicly…