Intellectual Property
Oct. 3, 2014
Unhappy together: The Turtles, Sirius XM
On Sept. 22, U.S. District Judge Philip Gutierrez ruled that California's copyright statute includes the exclusive right to "publicly perform" them.
Lawrence Y. Iser
Managing Partner
Kinsella, Holley, Iser, Kump & Steinsapir LLP
Phone: (310) 566-9801
Email: liser@kwikhlaw.com
On Sept. 22, U.S. District Judge Philip Gutierrez ruled that California's copyright statute, Civil Code Section 980(a)(2), which grants authors exclusive ownership to pre-1972 sound recordings - but which does not delineate what those "exclusive rights" are - includes the exclusive right to "publicly perform" them (e.g., broadcast them on radio and television, and play them in bars and restaurants). Gutierrez thereby granted summary judgment to Flo & Eddie, the company formed by two of t...
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