Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 15-1164 (2d Cir. 2016)Annotate this Case
Appellee Flo & Eddie, Inc. filed suit against Appellant Sirius on behalf of itself and a class of owners of pre-1972 recordings, asserting claims for common-law copyright infringement and unfair competition under New York law. Specifically, Appellee alleged that Appellant infringed Appellee’s copyright in The Turtles’ recordings by broadcasting and making internal reproductions of the recordings (e.g., library, buffer and cache copes) to facilitate its broadcasts. Because this case presents a significant and unresolved issue of New York copyright law, the court certified the following question to the New York Court of Appeals: 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?