Cases

Motion by Association for Recorded Sound Collections for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served within seven days. Chief Judge DiFiore taking no part.

This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 124 Flo & Eddie, Inc., a California Corporation, individually and on behalf of all others similarly situated, Respondent, v. Sirius XM Radio, Inc., a Delaware Corporation, Appellant, Does, 1 through 10, Defendants. Jonathan Hacker, for appellant. Harvey G

PER CURIAM: On September 3, 2013, Flo & Eddie, Inc. (“Appellee”), a California corporation that asserts it owns the recordings of “The Turtles,” a well-known rock band with a string of hits in the 1960s, sued Sirius XM Radio, Inc. (“Appellant”), a Delaware corporation that is the largest radio and internet-radio broadcaster in th

Motion by iHeartMedia, Inc. et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Chief Judge DiFiore taking no part.

OPINION OF THE COURT Stein, J. The Second Circuit Court of Appeals has certified the following question to this Court: “Is there a right of public performance for creators of sound recordings under New York law and, if so, what is the nature and scope of that right?” Because New York common-law copyright does not recognize a right of public performance for creators of sound recordings, we answer the certifie

Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.27 of the Rules of Practice of the Court of Appeals (22 NYCRR 500.27), accepted and the issues presented are to be considered after briefing and argument. Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

Motion by Electronic Frontier Foundation for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Motion by Recording Industry Association of America, Inc. for leave to appear amicus curiae on consideration of the certified question herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Chief Judge DiFiore taking no part.

CALABRESI, Circuit Judge: This case presents a significant and unresolved issue of New York copyright law: Is there a right of public performance for creators of sound recordings under New York law and, if so, what is the nature and scope of that right? Because this question is important, its answer is unclear, and its resolution controls the present appeal, we reserve decision

Motion by Public Knowledge for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Chief Judge DiFiore taking no part.

DECISION AND ORDER McMAHON, District Judge. On November 14, 2014, the Court denied Sirius’s motion for summary judgment. (“Decision and Order,” Docket #88.) In addition to denying Sirius’s motion, the Court ordered Sirius to show cause “why summary judgment should not be entered in favor of Flo and Eddie as to liability only.” (Decision and Order at 1.) Sirius moved for reconsideration

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT McMAHON, District Judge: Plaintiff Flo & Eddie, Inc. (“Flo and Eddie”) brings this putative class action suit against Defendant Sirius XM Radio, Inc. (“Sirius”). The complaint alleges that Sirius committed common law copyright infringement and engaged in unfair competition by publicly performing sound recordings owned by Flo

Motion by Howard B. Abrams et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Chief Judge DiFiore taking no part.

Motion by National Association of Broadcasters for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Chief Judge DiFiore taking no part.

CANADY, J. This Court has for review four questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit in a copyright dispute involving the satellite-radio broadcasting of certain “pre-1972” sound recordings. 1 This Court has jurisdiction. See art. V, § 3(b)(6)

ANDERSON, Circuit Judge: Flo & Eddie, Inc. (“Flo & Eddie”) appeals from a final order of the district court granting summary judgment in favor of Sirius XM Radio, Inc. (“Sirius”). We have had the benefit of oral argument and have reviewed the briefs and relevant parts of the record. As the case presents issues that have not been addressed by the Sup

Order We certify the questions set forth in Part II of this order to the California Supreme Court. All farther proceedings in *951 this case are stayed pending final action by the California Supreme Court, and this case is withdrawn from submission until further

MEMORANDUM OPINION AND ORDER John J. Tharp, Jr., United States District Judge - Plaintiffs Arthur and Barbara Sheridan own the master recordings of many hit songs from the 1950s and. 1960s. Defendant iHeartMedia plays these recordings on its internet and traditional broadcast radio stations without paying any sort of royalty or licensing fees to the Sheridans. The Sheridans sued on behalf of themselves an

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS Re: ECF Nos. 493, 495, 496, 497, 498, 499, 500, 501, 503 THIS ORDER RELATES TO ALL CASES JON S. TIGAR, District Judge Before the Court are nine motions to dismiss Plaintiffs’ Second Consolidated Amended Complaint (“SCAC”) filed by Defendants Twitter, Inc.; Foodspotting, Inc. and Yelp! Inc.; Foursquare Labs, I

LOUIS L. STANTON, U.S.D.J. Plaintiff J & J Sports Productions, Inc. ("J & J") moves to dismiss Defendant Zeneyda Patin's counterclaim for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, and to strike Patin's affirmative defenses as insufficient. The motions are granted. BACKGROUND Plaintiff J & J brings this action p