The 11th U.S. Circuit Court of Appeals has asked this Court several questions regarding Florida law, including whether Florida common law copyright protection extends to sound recordings made before 1972. The questions arose as part of a federal class action lawsuit over the use of songs recorded by The Turtles in the 1960s. In the suit, Flo & Eddie accuses Sirius XM Radio of various violations of Florida law. The federal trial court ruled in Sirius XM’s favor, finding that Florida common law copyright protection does not include an exclusive right of public performance for recordings made before 1972. Flo & Eddie appealed and the 11th U.S. Circuit concluded it needed this Court’s determination of the scope of Florida law to rule on the appeal.
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