The U.S. Second Circuit Court of Appeals has reversed a Federal District Court ruling. Today's decision means that there are no performance fees due on sound recordings created prior to 1972; and that there were no alternative grounds for finding against.
This ruling effectively ends Flo and Eddie’s attempt to obtain performance fees under New York law.
New York State Broadcasters Association President David Donovan said in a statement
, “This is an important decision for local radio stations in New York. We are grateful to the courts for accepting the arguments contained in our amicus briefs. This definitive ruling should put an end to the legal proceedings in New York.”
Read the full court decision here
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