The Richard H. Chambers Courthouse, home of the Ninth Circuit. (Courthouse News photo / Bill Girdner)
(CN) An attorney for members of the band The Turtles told the Ninth Circuit on Monday that satellite radio broadcaster Sirius XM Radio has “cannibalized” record sales by skirting royalties for decades.
Sirius XM says in court papers it follows federal copyright law in that it digitally broadcasts tens of thousands of recordings it has acquired legally. In exchange for playing the songs, the company pays royalties to owners of musical compositions, just as any FM radio broadcaster or sporting arena has for decades.
But the company also says that just like any entity that broadcasts or “performs” music for the public, it hasn’t paid royalties to owners of sound recordings.