The Turtles Nail SiriusXM On Pre-1972 Copyright Rules

In a closely-watched copyright case, members of the 1960s band The Turtles have settled with SiriusXM in lawsuits claiming the satellite radio giant played the group’s songs without permission. The band’s songs were recorded and released prior to 1972, the year that marks the beginning of federal copyright for recordings. Flo & Eddie Inc., a company run by former members of The Turtles, filed three class-action suits against SiriusXM, and the terms of the settlement – revealed this week – could apply to the owners of any pre-1972 recordings that have been played by the satellite radio service without permission. Under the deal, SiriusXM agreed to make two types of payments: For its past unlicensed use of pre-1972 recordings, it agreed to pay a minimum of $25 million, with up to $15 million in additional payments depending on whether the Turtles prevail in pending appeals cases. In addition, SiriusXM agreed to a 10-year license for recordings by class members, paying a 5.5 percent royalty rate. According to the filing, that amount could be worth between $45 million and $59 million, depending on projections of SiriusXM’s revenue growth over the next decade. The Turtles are pursuing similar litigation against Pandora Media.