‘Happy To­gether’ in court dis­pute

Daily Freeman (Kingston, NY) - - LOCAL NEWS -

New York’s high­est court has heard oral ar­gu­ments in a case pit­ting the owner of The Tur­tles’ 1967 hit song “Happy To­gether” against Sir­ius XM Ra­dio.

The is­sue in Tues­day’s hear­ing was whether the copy­right hold­ers of record­ings made be­fore 1972 have a com­mon law right to make ra­dio sta­tions and oth­ers pay for their use.

The law­suit was filed by Flo & Ed­die Inc., a com­pany con­trolled by two found­ing mem­bers of the band that owns the rights to the record­ings. It wants the court to say they’re en­ti­tled to roy­al­ties.

Sir­ius XM Ra­dio ar­gues it’s not re­quired to pay roy­al­ties for record­ings made be­fore the fed­eral Copy­right Act was changed in 1972 to es­tab­lish limited pro­tec­tions for record­ings.

The case was re­ferred to the Court of Ap­peals from a fed­eral ap­peals court.

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