The New York Court of Appeals split between voicing support and expressing skepticism Tuesday for Flo & Eddie’s claim that New York common law allows a performance royalty right for sound recordings made before 1972. Flo & Eddie, owners of The Turtles' “Happy Together” and the rest of the band's music, were arguing in favor of a pre-1972 performance right as part of their lawsuit against SiriusXM seeking compensation for performances of the Turtles' pre-1972 recordings. The 2nd Circuit Court of Appeals paused its review in April of SiriusXM's appeal of a 2015 U.S. District Court ruling in New York in the Flo & Eddie suit there that found state common law allowed for a pre-1972 performance right. The New York Court of Appeals agreed in May to hear the case (see 1604130063 and 1605030055). Only six members of the state court heard oral argument in the Flo & Eddie case. Chief Judge Janet DiFiore recused herself.
The New York Court of Appeals split between voicing support and expressing skepticism Tuesday for Flo & Eddie’s claim that New York common law allows a performance royalty right for sound recordings made before 1972. Flo & Eddie, owners of The Turtles' “Happy Together” and the rest of the band's music, were arguing in favor of a pre-1972 performance right as part of their lawsuit against SiriusXM seeking compensation for performances of the Turtles' pre-1972 recordings. The 2nd Circuit Court of Appeals paused its review in April of SiriusXM's appeal of a 2015 U.S. District Court ruling in New York in the Flo & Eddie suit there that found state common law allowed for a pre-1972 performance right. The New York Court of Appeals agreed in May to hear the case (see 1604130063 and 1605030055). Only six members of the state court heard oral argument in the Flo & Eddie case. Chief Judge Janet DiFiore recused herself.
Comcast and Liberman Broadcasting agreed to not argue in their carriage fight that any complaints should be dismissed due to the expiration of a statute of limitations. In a tolling agreement effective Sept. 21 and posted Monday in FCC docket 16-121, the two agree the statute of limitations is on pause from that date to 30 days after the Media Bureau rules on Liberman's petition for reconsideration of the bureau's Aug. 26 dismissal of the broadcaster's carriage complaint (see 1609260049). The tolling agreement also says Liberman or its affiliates may file additional, related complaints against the cable company, but it won't do so during the tolling period.
Several Supreme Court justices appeared Tuesday to be leaning toward either vacating or modifying the U.S. Court of Appeals for the Federal Circuit's May ruling in Samsung v. Apple, lawyers told us. It's unclear whether justices coalesced around a set of instructions to inform how jurors in U.S. District Court in San Jose, California, should determine damages in the long-running patent infringement battle, lawyers said in interviews.
Several Supreme Court justices appeared Tuesday to be leaning toward either vacating or modifying the U.S. Court of Appeals for the Federal Circuit's May ruling in Samsung v. Apple, lawyers told us. It's unclear whether justices coalesced around a set of instructions to inform how jurors in U.S. District Court in San Jose, California, should determine damages in the long-running patent infringement battle, lawyers said in interviews.
Several Supreme Court justices appeared Tuesday to be leaning toward either vacating or modifying the U.S. Court of Appeals for the Federal Circuit's May ruling in Samsung v. Apple, lawyers told us. It's unclear whether justices coalesced around a set of instructions to inform how jurors in U.S. District Court in San Jose, California, should determine damages in the long-running patent infringement battle, lawyers said in interviews.
The U.S. Court of Appeals for the D.C. Circuit temporarily blocked a federal judge's order that would have required online classified advertiser Backpage.com to produce some documents Monday to the Senate Permanent Subcommittee on Investigations. PSI has been engaged in an 18-month inquiry into online sex trafficking. The three-judge panel said Friday it issued the administrative stay of U.S. District Court in Washington, D.C., Judge Rosemary Collyer's Sept. 16 ruling because it needs more time to review the dispute. The D.C. Circuit's order "should not be construed in any way as a ruling on the merits" of Collyer's decision, it said. The order comes a day after CEO Carl Ferrer was arrested on felony charges of sex trafficking in Texas.
The U.S. Court of Appeals for the D.C. Circuit temporarily blocked a federal judge's order that would have required online classified advertiser Backpage.com to produce some documents Monday to the Senate Permanent Subcommittee on Investigations. PSI has been engaged in an 18-month inquiry into online sex trafficking. The three-judge panel said Friday it issued the administrative stay of U.S. District Court in Washington, D.C., Judge Rosemary Collyer's Sept. 16 ruling because it needs more time to review the dispute. The D.C. Circuit's order "should not be construed in any way as a ruling on the merits" of Collyer's decision, it said. The order comes a day after CEO Carl Ferrer was arrested on felony charges of sex trafficking in Texas.
During Hurricane Matthew, broadcasters should keep some things in mind, an industry lawyer blogged. Pillsbury Winthrop's Scott Flick reminded broadcasters that FCC rules require them to make emergency information delivered audibly available as text, and vice-versa. "In past disasters, the FCC has proposed fines of up to $24,000 ($8,000 per ‘incident’) to TV stations that effectively said 'run for shelter' but didn’t air a crawl or other graphic at that time conveying the same information,” he wrote: Rules also require TV stations to “aurally present on a secondary audio stream (SAS) any emergency information that is provided visually in non-newscast programming.” Getting emergency information to the hearing impaired is “a worthy goal,” Flick said. “But it isn’t hard to understand the frustration of a station employee that hasn’t slept in 24 hours trying to get emergency information out to viewers as quickly as possible, but needing to pause to ensure the appropriate graphics and SAS information is prepared and aired in order to avoid an FCC fine.” Also Wednesday, the agency said it will stay open during the hurricane (see 1610050062). State telecom commissions also are preparing (see 1610060029).
NCTA President Michael Powell pushed back Tuesday against the trio of Capitol Hill Democrats who pressed the FCC to sign off at commissioners' Thursday meeting on Chairman Tom Wheeler's set-top box proposal. The Hill Democrats spoke during a news media call Tuesday alongside other backers of the draft order. One Senate Democrat already expects industry pushback following the order’s approval and warned of the need for strong FCC enforcement, but Powell questioned how the lawmakers know enough to endorse the draft order circulating. He backs a Further NPRM on the issue, as did scores of House Democrats last week (see 1609230058).