Sirius XM Has Setback in Lawsuit

A federal judge in New York has ruled against Sirius XM over an obscure copyright issue that has galvanized the music industry: royalties for recordings made before 1972. Judge Colleen McMahon of United States District Court in Manhattan rejected Sirius XM’s motion for summary judgment, saying the Turtles have performing rights to their recordings under New York State law. Sirius XM has until Dec. 5 to dispute remaining facts in the case, the judge wrote, otherwise Sirius XM will be ruled liable for infringement. “In short, general principles of common law copyright dictate that public performance rights in pre-1972 sound recordings do exist,” Judge McMahon wrote.