The Turtles plan to launch class action suit against SiriusXM

The Turtles, a 60's rock and roll band known for their smash hit "Happy Together," is in the process of suing SiriusXM for illicitly profiting off of their music. Just last month, a ruling from U.S. District Judge Philip Gutierrez granted the lawsuit class action status, a huge win for the Turtles and for other mistreated artists.

Henry Gradstein, an attorney representing two of the founding members of the Turtles, Howard Kaylan and Mark Volman, had the following to say about the latest ruling: "Sirius XM treats every single owner of a pre-1972 song the same, namely it doesn't pay them, so it was appropriate for this court to grant class certification."

The lawsuit saw its first win last September, when the same judge found SiriusXM liable for copyright infringement for airing the Turtles' pre 1972 songs without paying royalties. By turning the suit into a class action, Flo and Eddie, as Kaylan and Volman now go by, hope to bring relief to other artists whose work is being used without being paid royalties.

SiriusXM's attorneys argued against the case a class action suit, claiming that the company had made great strides to license pre-1972 song and enter agreements with artists since the initial case. Furthermore, they argued that the class action status wasn't necessary due to the differences in size in potential claims, and that breaking down any damages awarded in a joint-suit would be a difficult and time consuming process.

The court disagreed, stating that the disparity was all the more reason to move forward with class action status, as smaller clients would be unable to afford a drawn out case with Sirius' attorneys. 

If you believe that someone is profiting from your work without your permission, it's important to act sooner, rather than later. Contact a skilled business attorney as quickly as possible.

Categorised in: Entertainment Law, Intellectual Property Law

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