Satellite-radio company SiriusXM has lost a copyright infringement lawsuit in which the founders of ’60s pop-rock band the Turtles allege nonpayment of digital performance royalties on their hit songs, according to court papers obtained Tuesday.
Howard Kaylan and Mark Volman, known as Flo & Eddie of the Turtles, won a summary judgment Monday in the case before U.S. District Judge Philip Gutierrez, who said a trial to assess damages would be scheduled next month.
At issue are digital broadcast rights and royalties on the Turtles’ pre-1972 hits “Happy Together,” “It Ain’t Me Babe” and “She’d Rather Be With Me.”
Under current copyright law, songs recorded prior to 1972 do not require a performance royalty to be paid to the artist and musicians when broadcast on a digital service.
The plaintiffs are seeking $100 million in damages.
Kaylan and Volman, owners of Flo & Eddie Inc., have filed similar lawsuits in New York and Florida, seeking compensation from satellite radio providers.
