Today (June 26, 2015), the Recording Industry Association of America (RIAA) announced that satellite radio company SiriusXMhave settled a lawsuit brought by labels against the service for not paying royalties on older recordings.
The $210 million settlement is being touted as a win for labels, and potentially a resolution to an open legal question that has bedeviled the industry for a while now: whether recordings made before February 15, 1972 are eligible for royalties when “publicly performed” on digital radio. read more
Judge Colleen McMahon of the United States District Court in Manhattan said no-go to SiriusXM’s motion for summary judgment (a move to dismiss the suit), giving the satellite broadcaster until Dec. 5, 2014 to dispute remaining facts. This means that SiriusXM can be held liable for copyright infringement.
Currently, recordings made before February 15, 1972 do not enjoy federal protection, as there was no federal copyright for sound recordings until Congress passed a bill on that date. However, this legislation did not apply retroactive protections, which means older sound recordings are covered by a patchwork of state statute and case law.