THE ENTERTAINMENT, ARTS and SPORTS LAW BLOG

Pre-1972 Sound Recordings Could Kill the Radio Stars

By Barry Werbin and
Sharon O'Shaughnessy
Herrick, Feinstein LLP

On the heels of the Central District of California's related September 2014 decision, Judge Colleen McMahon of the Southern District of New York, has denied Sirius' motion for summary judgment on Flo & Eddie, Inc.'s class action complaint alleging that Sirius XM Radio (Sirius) committed common law copyright infringement and engaged in unfair competition by publicly performing pre-1972 sound recordings of The Turtles, and by reproducing those recordings in aid of its performances. Flo & Eddie, Inc. v. Sirius XM Radio, Inc. (S.D.N.Y. Nov. 14, 2014). Absent Sirius convincing the court by December 5, 2014, that there are remaining issues of material fact that would require a trial, Judge McMahon will enter summary judgment in favor of Flo & Eddie as to copyright infringement liability and proceed to an inquest on damages.

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About Elissa

Elissa D. Hecker practices in the entertainment and business fields. Her practice focuses on copyright, trademark and business law.  Her clients encompass a large spectrum of the entertainment world. In addition to her private practice, Elissa edited the books Entertainment Litigation - Know the Issues and Avoid the Courtroom, In the Arena and Counseling Content Providers in the Digital Age.

Elissa is Chair of the Board of Directors of Dance/NYC. She is also a Member of the Advisory Board of MARACAS and the Legal Advisory Committee of Safe Football. She is Past Chair of the Entertainment, Arts and Sports Law (EASL) Section of the New York State Bar Association, Editor of the EASL Journal, member of the Editorial Board of the NYSBA Bar Journal, and Co-Chair and founder of the EASL Pro Bono Committee. She is also editor of the EASL Blog. Elissa is a frequent author, lecturer and panelist, a Trustee of the Copyright Society of the U.S.A. (CSUSA), a member of the Board of Editors for The Journal of the CSUSA, and the CSUSA’s Newsletter Editor.

Elissa was selected repeatedly as a New York Super Lawyers Rising Star and for Top Attorneys – New York Metro Area’s Outstanding Young Lawyers. In addition, she was selected for Top Women Attorneys in New York Metro and Top Attorneys – Westchester Area’s Outstanding Young Lawyers, was the inaugural recipient of the Copyright Society of the U.S.A.'s 2011 Award for Excellent Service and received the 2005 New York State Bar Association's Outstanding Young Lawyer Award. She was previously Associate Counsel with The Harry Fox Agency, Inc. and its parent company, the National Music Publishers Association, Inc.

Practice Areas include:

Entertainment Law • Copyright • Trademark • Intellectual Property
Television • Production • Music • Dance • Photography • Internet
Media • Business • Corporate issues • Contracts • Publishing

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Photos By: Stefy Hilmer (headshot) and Christopher Duggan (Dance/NYC)