FLO & EDDIE, INC., a California corporation, individually and on behalf of all others similarly situated, Plaintiff-Appellee,
v.
SIRIUS XM RADIO, INC., a Delaware corporation, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 8, 2021 Pasadena, California.
Joseph C. Gratz , Durie Tangri LLP, San Francisco, California; Prof. Tyler T. Ochoa , Santa Clara University School of Law, Santa Clara, California; for Amici Curiae Copyright and Intellectual Property Law Professors.
Russell J. Frackman and Hilary E. Feybush , Mitchell Silberberg & Knupp LLP, Los Angeles, California, for Amicus Curiae Recording Industry Association of America.
Before: Richard C. Tallman, Consuelo M. Callahan, and Kenneth K. Lee, Circuit Judges.
OPINION
LEE, Circuit Judge.
When an AM/FM radio station plays a song over the air, it does not pay public performance royalties to the owner of the original sound recording. In contrast, digital and satellite radio providers like Sirius XM must pay public performance royalties whenever they broadcast post-1972 music. But until Congress...
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