Friday, August 02, 2013

The Turtles' Mark Volman and Howard Kaylan Suing SiriusXM for $100 Million

Former Turtles members Mark Volman and Howard Kaylan, also known as Flo and Eddie, are suing satellite service SiriusXM for $100 million. At issue is every recording made before February 15, 1972 including those that they made as the Turtles.

The lawsuit revolves around California Civil Code Section 980 (a)(2) which says "the author of an original work of authorship consisting of sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047..."  As Volman and Kaylan own the Turtles recordings and have not granted permission to SiriusXM to broadcast the records, they are alleging that they are owed money for those "performances" including damages.

The suit is being brought as a class action with "misappropriations" of recording made prior to the 1972 date as in the millions wronging thousands of artists. The legal team states that the total damages of over $100 million will be proved at trial.

There are questions about how far this case can go and how the outcome will affect not only SiriusXM's ability to play a wide range of music but also other non-traditional venues. Basing the case on California law could be superseded by federal laws as SiriusXM provides service throughout the country. In addition, if the suit were successful, does that mean another revenue stream for the artists and costs for such services as Pandora, Last.fm, Rhapsody, etc?

4 comments:

Anonymous said...

Losers. Go make a record or play a gig like real musicians. Your played out crap has been bought and paid for already. No one other than your attorneys appreciate this childish, pointless, greedy, self-centered behavior.

ProgGuy said...

Sirius with its normal troubles this is more fun for the mayhem.... geez these guys just don't realize what Sirius does for their career...or rather they do probably do realize what its doing to their career and they see potential. Sirius is the only outlet of public music and dialogue that stimulates the senses. I discovered FLo & Eddie THROUGH Sirius. This is obsurd, I guess these guys don't realize the potential of the music and who listens to it.

What's totally ironic is when I dicovered Flo & Eddie on Sirius I went to my nearest record store and asked for a recording but unfortunately the recordings aren't available. The only place I could seem to find them is ebay. Why don't they sue Ebay too???

I really just don't get it????

Anonymous said...

And to think I was going to buy his book. No chance now. Just plain greed.

sirlordford said...

You are a douche if you think they don't still record an play.

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