Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
www.pre1972soundrecordings.com

Overview

If You Are An Owner Of A Sound Recording(s) Fixed Prior To
February 15, 1972 Which Have Been Performed, Distributed, Reproduced, Or Otherwise Exploited By Sirius XM In the United States Without A License Or Authorization To Do So From August 1, 2009 through November 14, 2016, You Could Get Benefits From a Class Action Settlement.

On August 1, 2013, Plaintiff Flo & Eddie, Inc. (“Flo & Eddie”) filed a lawsuit against Defendant Sirius XM Radio Inc. (“Sirius XM”), alleging on behalf of itself and a putative class of owners of pre-1972 sound recordings that Sirius XM, without a license or authorization, was performing, distributing, and reproducing those pre-1972 recordings as part of its satellite and internet radio services (the “Lawsuit”). Sirius XM denies any wrongdoing and contends that no state law, including California, New York, and Florida law, provides owners of pre-1972 sound recordings a right to control performances of those recordings.

What is this case about?
In the Lawsuit, Flo & Eddie alleged that Sirius XM has violated California Civil Code Section 980(a)(2) and is liable for conversion, misappropriation, and unfair competition. Flo & Eddie sought damages, restitution, and injunctive relief on behalf of itself and the putative class.

On September 22, 2014, the Court found Sirius XM liable to Flo & Eddie for the unauthorized public performance of Pre-1972 Sound Recordings in California. On May 27, 2015, the Court certified a class of owners of pre-1972 sound recordings which have been performed, distributed, reproduced, or otherwise exploited by Sirius XM in California without a license or authorization to do so from August 21, 2009 to August 24, 2016.

On November 13, 2016, the parties entered into a settlement to resolve the Lawsuit, and any and all actual and potential claims by members of the Settlement Class. To view the proposed Settlement in its entirety click here.

On January 27, 2017 the Court issued an Order Granting Preliminary Approval of Class Action Settlement.

A Final Approval Hearing is scheduled to take place on May 8, 2017.

What are the Settlement Benefits?

If the Court approves the proposed Settlement at the Final Approval Hearing, members of the Settlement Class will be eligible to receive a share of a $25 million settlement fund, and a royalty rate of 5.5% on future performances for a period of 10 years. If Sirius XM loses certain appeals, Sirius XM will pay more money into the settlement fund (up to $15 million more to be distributed to Settlement Class Members); if Sirius XM wins those appeals, the royalty rate on future performances will be reduced, possibly to zero. At a minimum, the $25 million payment for past performances will still be paid. See FAQ 14 for more information on the proposed Settlement benefits.

Am I a Member of the Settlement Class?
You qualify as a member of the Settlement Class if you own a pre-1972 recording(s) that was performed, distributed, reproduced, or otherwise exploited by Sirius XM in the United States without a license or authorization to do so during the period from August 1, 2009 through November 14, 2016.


What Are My Options?
DO NOTHING By doing nothing, you are staying in the Settlement Class. As a member of the Settlement Class, you will keep the possibility of getting money or benefits that may come from the proposed settlement. But, you will give up any rights to sue Sirius XM separately over its performance, reproduction, distribution, or other exploitation of your pre-1972 recordings. For more information on participating on the class, see FAQ 4.
EXCLUDE YOURSELF If you ask to be excluded (by opting out of the Settlement Class), you won’t share in the money and benefits of the Class Settlement. But you keep any rights to sue Sirius XM separately over its performance, reproduction, distribution, or other exploitation of your pre-1972 recordings. If you retain an individual attorney, you may need to pay for that attorney. To ask to be excluded, you must act before March 8, 2017. See FAQ 6 for more information on opting out of the proposed Settlement.
OBJECT
  • If you wish to object to the proposed settlement, you must do so in writing before March 24, 2017.
  • If you wish to object to Class Counsel’s request for attorney’s fees and expenses, you must do so in writing before March 24, 2017.
For more information on objecting to the proposed settlement or attorney’s fees, see FAQ 8.

Has the Court Approved the Settlement?
The Court has only preliminarily approved the settlement which serves to, among other things, conditionally certify the Settlement Class and initiate notice to potential Settlement Class Members. The date of the Final Approval Hearing is currently scheduled on March 13, 2017. Any relief to Settlement Class Members is contingent on the Court’s final approval of the proposed Settlement. If the Court approves the proposed Settlement, Sirius XM will provide the benefits described above to the Settlement Class Members who have not properly excluded themselves from the Class.

Settlement Class Members will be barred during the applicable term from pursuing their own lawsuits based on Sirius XM’s performance, distribution, reproduction, or other exploitation of their Pre-1972 Sound Recordings in the United States. Therefore, if you want to bring your own lawsuit against Sirius XM, you must properly exclude yourself from this Settlement Class. Any judgment entered, whether favorable or unfavorable to the Settlement Class, shall include, and be binding on, all Settlement Class Members, even if they object to the proposed Settlement.