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Satellite radio services dealt a blow when judge rules for Turtles members in copyright dispute

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A federal judge in California has ruled for two founding members of the Turtles music group in a copyright battle with the satellite radio service Sirius XM Radio.

U.S. District Judge Philip Gutierrez of Los Angeles has ruled that Sirius infringed the band members’ copyrights under California law when it played their older hits that are no longer protected under federal law. The Wall Street Journal Law Blog, the New York Times and the Hollywood Reporter have stories, while How Appealing links to the decision.

The Hollywood Reporter calls the Sept. 22 grant of summary judgment “a legal earthquake in the music industry” that “could eventually disrupt the operations of the satellite radio giant as well as other services like Pandora.”

The plaintiffs, known as Flo and Eddie, are Mark Volman and Howard Kaylan. Their best known hit, “Happy Together,” was released in 1967. They are seeking more than $100 million, the Hollywood Reporter says.

Federal copyright law protects recordings made after Feb. 15, 1972. Gutierrez interpreted California law to give the band members exclusive right to publicly perform recordings made before that date. Sirius had maintained that once it purchased a copy of a Turtles song made before 1972, it can broadcast the song to paying subscribers without paying royalties or obtaining permission from Flo and Eddie.