Sirius XM Pre-1972 Sound Recordings Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Sirius XM Radio Inc. was performing, distributing and reproducing pre-1972 recordings as part of its internet and satellite radio services.

If you are an owner of one or more sound recordings fixed before Feb. 15, 1972 that have been performed, distributed, reproduced or otherwise exploited by Sirius XM without authorization to do so in the United States between Aug. 1, 2009 and Nov. 14, 2016, you may be entitled to benefits from the Sirius XM class action settlement.

Plaintiff Flo & Eddie Inc. filed the Sirius XM class action lawsuit on Aug. 1, 2013 on behalf of itself and a Class of owners of pre-1972 sound recordings. Flo & Eddie alleged that Sirius XM was performing, distributing and reproducing those pre-1972 sound recordings as part of its satellite and internet radio services even though it had no license or authorization to do so.

The Sirius XM class action lawsuit alleged violations of California laws and asserted that Sirius XM was liable for conversion, misappropriation and unfair competition. The plaintiff sought damages, restitution and injunctive relief. The case proceeded to trial, and on Sept. 22, 2014, the court found Sirius XM liable. The parties subsequently agreed to settle the litigation.

Sirius XM denies any wrongdoing and maintains that no state law provides owners of pre-1972 sound recordings a right to control the performances of those recordings. However, Sirius XM has agreed to settle the sound recording class action lawsuit to avoid the burden and expense of ongoing litigation.

The Sirius XM class action settlement was granted final approval on May 8, 2017 and the effective date is June 15, 2017.

NOTE: The deadline for opting out and objecting to the Sirius XM class action settlement has passed.

Who’s Eligible

Class Members of the Sirius XM settlement include anyone who owns one or more pre-1972 recordings that were performed, distributed, reproduced or otherwise exploited by Sirius XM without a license or authorization to do so from Aug. 1, 2009 through Nov. 14, 2016.

If you are unsure if you qualify as a Class Member, you can review the Royalty Claims Website and browse the pre-1972 sound recordings that are part of this settlement.

Potential Award

Varies.

Class Members are eligible to receive a share of the $25 million settlement fund and a royalty rate of up to 3.5 percent on future performances for a period of 10 years. This payment amount may change depending on the outcome of certain appeals by Sirius XM.

Proof of Purchase

Class Members must provide information about the sound recording, including the title, artist, album, label, ISRC Code and the date first fixed.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/31/2017

NOTE: Class Members must submit a completed Claim Form and a Tax and Payment Information Form (both forms are available at the above Claim Form link).

Case Name

Flo & Eddie Inc. v. Sirius XM Radio Inc., Case No. 2:13-cv-05693-PSG-RZ, in the U.S. District Court for the Central District of California

Final Hearing

5/8/2017

Settlement Website

www.Pre1972SoundRecordings.com

Claims Administrator

Flo & Eddie v. Sirius XM
c/o Garden City Group LLC
PO Box 35131
Seattle, WA 98124-5131
855-720-2382
info@Pre1972SoundRecordings.com

Class Counsel

Stephen E. Morrissey
Rachel S. Black
Steven G. Sklaver
Kalpana D. Srinivasan
SUSMAN GODFREY LLP

Henry Gradstein
Maryann R. Marzano
GRADSTEIN & MARZANO PC

Defense Counsel

Daniel M. Petrocelli
Cassandra L. Seto
O’MELVENY & MYERS LLP