Songs recorded before 1972 aren't protected by federal copyright. Recently, though, some older bands have started looking for royalty payments based on the patchwork of state copyright laws.

1960s rock band The Turtles sued Sirius XM seeking payments for use of their songs. If the band is successful in its lawsuit, it could open the door to lawsuits against online streaming media over older song titles. Pandora was sued by the Recording Industry Association of America earlier this year and last month by The Turtles.

On Friday, the band had a breakthrough in its case. US District Judge Colleen McMahon said that unless a factual issue requiring a trial comes up by December 5, she intends to rule in favor of The Turtles and against Sirius, according to a Reuters report.

"From coast to coast, the owners of pre-1972 recordings are finally getting what is owed to them," said Harvey Geller, a lawyer who represents Flo & Eddie, a company owned by two former members of The Turtles.

Sirius XM has declined to comment on the recent developments thus far.

Flo & Eddie filed three lawsuits, in California, New York, and Florida. The suits seek class-action status and have alleged more than $100 million in infringements.

"Sirius suggests no reason why New York—a state traditionally protective of performers and performance rights—would treat sound recordings differently" than other public performance rights, McMahon wrote in her order.