Flo & Eddie v. Pandora Media, No. 15-55287 (9th Cir. 2017)
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The court certified the following questions to the California Supreme Court: 1) Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 possess an exclusive right of public performance? 2) If not, does California's common law of property or
tort otherwise grant copyright owners of pre-1972 sound recordings an exclusive right of public performance?
Court Description: Certification to California Supreme Court. The panel certified the following questions of state law to the California Supreme Court: 1. Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 possess an exclusive right of public performance? 2. If not, does California’s common law of property or tort otherwise grant copyright owners of pre-1972 sound recordings an exclusive right of public performance?
The court issued a subsequent related opinion or order on October 17, 2019.
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