Ever wonder why restaurants such as Johnny Rockets play primarily '50s and '60s pop and rock 'n' roll? Of course it fits with theme but it's also totally free. Businesses would gladly play older recognizable tracks to avoid paying royalties on newer recognizable tracks. That may all change now that The Turtles are on a litigation streak however.
The Turtles—best known for hits such as "Happy Together" and "It Ain't Me Babe"— and its members Mark "Flo" Volman and Howard "Eddie" Kaylan recently pulled off a successful lawsuit against SiriusXM, arguing that its music was unfairly used because music recordings didn't get federal copyright protection until 1972, according to The Hollywood Reporter. Now, having won against SiriusXM, the pair is turning its sights to Pandora.
"Pandora understands that having a vast range and array of music is critical to the success of any music service which is why pre-1972 recordings constitute a significant part of the Music Service," reads the lawsuit. "Pandora offers and advertises stations dedicated to pre-1972 recordings, such as '50s Rock n' Roll,' '60s Oldies,' 'Motown,' 'Doo-Wop, '70s Folk,' 'Early Jazz,' 'Standards,' 'Classic Soul,' 'Jam Bands,' and 'Classical Rock.'"
Flo & Eddie suggest that the damages owed to them by SiriusXM are somewhere in the $100 million range. That huge amount is exaggerated further when, theoretically, all acts from the same time period could be suing for the same amount. They claim Pandora owes a lower amount, $25 million. The difference for the internet radio station does pay publishing royalties for all music played, however that means the check goes to the songwriter, not the performer.
Stay tuned to see how much Sirius might pay out if its appeal doesn't play out.
