Pandora Asks Ninth Circuit To Appeal Ruling It Misappropriated Songs Made Prior To 1972

Pandora Music Misappropriation Class Action Lawsuit Overview: 

• Who: Pandora Media LLC is asking the Ninth Circuit to reverse a ruling against it over claims filed by Flo & Eddie Inc. 
• Why: Flo & Eddie claim Pandora misappropriated music from artists who recorded songs prior to 1972.
• Where: The case is currently being heard in the U.S. Court of Appeals for the Ninth Circuit.

Pandora Media LLC is asking the Ninth Circuit to reverse a ruling that the streaming service misappropriated music from before 1972, citing precedent. 

Plaintiff Flo & Eddie Inc. filed a class action lawsuit against Pandora in 2014, alleging the company violated California copyright law by profiting off songs made prior to 1972 by artists it had not obtained a license from. 

Pandora, meanwhile, is arguing that the Ninth Circuit should defer to a previous ruling in a case involving its parent company, Sirius XM Radio Inc., which had a similar judgement against it involving Flo & Eddie reversed by the court. 

“While the history of this litigation is long, the primary question before the court is straightforward: should it adhere to what it previously said in this case, and what the Second and Eleventh Circuits held, and rule that Flo & Eddie cannot pursue its ‘ancillary copying’ and related claims when its ‘public performance’ claims have failed? The answer is plainly yes, and Pandora respectfully urges a swift resolution of this appeal,” Pandora said in a statement. 

Class Action Lawsuit Claims Pandora Infringed on Artist Rights

Flo & Eddie — two founding members of The Turtles — claim Pandora infringed on the rights of themselves and other artists who made music before 1972, arguing they had “exclusive ownership interests” to their work, Law360 reports. 

In reversing the decision for Sirius XM Radio, the Ninth Circuit determined California copyright law did not grant exclusive control to artists whose songs were recorded prior to 1972. Further, Pandora argues that both the Second and Eleventh Circuits agreed that California copyright law “does not grant copyright owners the right to control the public performance of pre1972 sound recordings,” according to the company’s brief. 

Sirius is not a defendant in the class action lawsuit against Pandora since it acquired Pandora in 2019, after the complaint had been filed. 

A separate class action lawsuit was filed against Sirius late last month by a consumer who alleges the company uses an auto-dialer to make annoying and unlawful solicitation calls.

Has Pandora profited off music you recorded before 1972 without obtaining proper consent? Let us know in the comments! 

Flo & Eddie Inc. is represented by Kalpana Srinivasan, Steven G. Sklaver, Rohit D. Nath, Brittany Fowler, and Stephen E. Morrissey of Susman Godfrey LLP, and Henry D. Gradstein and Maryann Rose Marzano of Gradstein & Marzano PC. 

The Pandora Music Misappropriation Class Action Lawsuit is Flo & Eddie Inc. v. Pandora Media LLC, Case No. 20-56134, in the U.S. Court of Appeals for the Ninth Circuit

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