Bad news for SIRIUSXM
- Thread starter Scott Greczkowski
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The Relationship Between Federal and State Copyright Law with Respect to Sound Recordings
The Federal Copyright Act exclusively governs rights attendant to works of authorship in many areas; however, it explicitly leaves certain segments of copyright law open to state regulation.
See generally,
17 U.S.C. § 301 (the Federal Copyright Act’s preemption section). When Congress passed the Federal Copyright Act in 1976, it carved out pre-1972 sound recordings as a limited area of copyright law unaffected by the new federal law and within the domain of the states: “With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any state shall not be annulled or limited by this title until February 15, 2067…no sound recording fixed before February 15, 1972, shall be subject to copyright under this title[.] ”
Id.
§ 301(c). Accordingly, California statutory andcommon law presently governs the rights that attach to pre-1972 sound recordings because theFederal Copyright Act does not apply to those earlier recordings and explicitly allows states tocontinue to regulate them.
Id.
Flo & Eddie’s sound recordings were fixed prior to February 15,1972 (
DSGF ¶¶
4,7); therefore, its rights to those recordings depend solely on whatever rightsare afforded to sound recording owners under California law.
Certain areas, such as education, are reserved to the states. The Feds get around this by waving money. Same for Plaquemines Parish in LA during integration days.
Running SatelliteGuys Radio I pay royalties on all songs I play and it does not matter when they were made.
I have to agree with you. I wonder how long Sirius XM was getting away with not paying Royalties.
What I would be interested to know is how "legally" Flo & Eddie Inc. acquired these pre 1972 copyright's? this is a time in history where artist were robbed blind by record co.'s. In my opinion ALL copyright's should be returned to the artist and these people who profited from intellectual properties of others should have to sign it over and pay back royalties to the artist's.
If these artists sold the rights to their work that's the end of the story. If they got ripped off it's their own fault for not having a lawyer or manager with some expertise go over the contracts they were signing. They got paid for the rights to their work and now it no longer belongs to them.
I know big business isn't popular but stealing their property and making them pay for the the privilege of being robbed is absurd.
I do not know, but I sort of have to agree with king3pj, If I were to invent a product, let's say a Web Widget and I sold it and all of the rights to Say Microsoft, for say $500.00. Then I found I could have gotten paid for it by Apple for $5000.00 I can't resell that product to Apple. But if I made the product a little different than the one I sold to Microsoft I still can't resell the rights. If I had a lawyer that didn't look out for my best interests to pay him to get my pocket picked is truly absurd.
Here is a simple solution. Let us pick and choose the channels we want instead of lumping everything together.
I listen to the 80's station and MLB radio. I'm currently scamming sirius into giving me a 1 year free trial.
I ain't paying $17 or whatever they charge per month. I'll shut it off first.
Let us pay for what we listen to and I don't care if I pay a royalty or not.
I listen to the 80's station and MLB radio. I'm currently scamming sirius into giving me a 1 year free trial.
I ain't paying $17 or whatever they charge per month. I'll shut it off first.
Let us pay for what we listen to and I don't care if I pay a royalty or not.
Really? You want to compare signing a bad contract to murder or rape? No one held a gun to these artists heads and forced them to sell the rights to their music.
And once again that is no comparison to SiriusXM. If downloaded music or podcasts is what you want you don't need SiriusXM. Getting all the baseball games with no blackouts, NFL games, ESPN live, Comedy channels, talk channels etc etc makes it worth it to our family beyond the music. In addition when traveling we look forward to the 60's channel in the morning the DJ is excellent.
No but if those victims did have a gun perhaps less bad things would happen. And perhaps if the artists had lawyers or good lawyers they would have a better contract.
Thgey were suppose to have Ala Carte channel choosing when the merger went thru and the prices were suppose to go down as well, neither has happened.
Oh they do offer A La Carte, but only on specific Sirius radios, which was a good way to make sure that no one would ever find out. https://www.siriusxm.com/packages/alacarte All XM Radios are likely capable of a la carte, but SXM have never allowed people to use it. Most older Sirius radios are not capable of a la carte, however. They never promised to reduce prices as part of the merger; what they have done is move music royalty fees to a separate line item, so the total price goes up even though the advertised price stays the same.
