Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

Docket Number: SC16-1161
Judge: Charles T. Canady
Opinion Date: October 26, 2017

In this copyright dispute involving the satellite-radio broadcasting of certain pre-1972 sound recordings, the Supreme Court accepted for review four questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit. The dispute specifically concerned rights of sound recordings of performances of musical works as distinct from rights in the composition of such works, and the primary question presented was whether Florida common law recognizes an exclusive right to public performance in pre-1972 sound recordings. The Supreme Court combined and rephrased the first two certified question into a single determinative question and held (1) Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings; and (2) Plaintiff’s remaining claims failed under Florida law. View “Flo & Eddie, Inc. v. Sirius XM Radio, Inc.” on Justia Law